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(영문) 창원지방법원 진주지원 2014.11.21 2014고단395
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Changwon District Court on December 1, 201, and the judgment became final and conclusive on December 2, 201.

On October 28, 2010, the Defendant purchased Cchip car in his name and registered it in his name, and borrowed KRW 18 million from the victim Achip Capital Co., Ltd., and on October 29, 2010, on October 29, 2010, the Defendant registered the mortgage of KRW 18 million in the name of Achip Capital Co., Ltd. for the said car.

On January 3, 2011, the Defendant: (a) borrowed KRW 6 million from “E Capital” located in Changwon-si, Changwon-si; and (b) provided a low-income car as security; and (c) concealed the location of one’s own car, which became the object of the right of Aju Capital Co., Ltd., by making it unclear.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Each police suspect interrogation protocol (including G and F statements) against the accused;

1. A complaint;

1. Application of the register of automobiles and the laws and regulations of automobile loan agreements;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution does not recover from damage caused by the instant crime, while there was a history of punishment for the Defendant several times, in consideration of all the circumstances that are conditions for sentencing as shown in the pleadings and records, including the following: (a) the fact that the Defendant committed a crime while committing a crime; (b) the fact that the Defendant is divided while committing a crime; (c) the head of old age and the head of the Gu must support the offender with a view to not good health; (d) equity in cases where the judgment is rendered concurrently with the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), other character and conduct and environment of the Defendant; and (e) the background

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