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(영문) 대전지방법원 논산지원 2016.06.21 2015고단715
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant, around April 17, 2015, located in the Republic of Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 434Ga 9 (Saridong-dong) Dong around April 17, 2015

In purchasing D U.S. vehicles at the RH office, the agreement was made to obtain loans from the victim HK Savings Bank to apply 20.9% and to repay the principal and interest equally for 48 months and to set up a collateral security on the said vehicles as security to the damaged company.

On August 17, 2015, the Defendant sold the said car to an employee in the name in the name of the company selling used cars in the name of the company selling used cars in the name of the Seo-gu Incheon, Seo-gu, Incheon. In order to avoid ascertaining the location of the vehicle owned by the Defendant, which was the object of the victim’s right, the Defendant obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. AUTO-LON application agreement;

1. Application of the motor vehicle registration ledger (A) and (B)-related Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommended punishment] The basic area (6 months to one year) of the first type (Obstruction of Exercise of Right) [the person subject to special sentencing] is not [the sentence] [the defendant transferred a vehicle which was the object of the victim company's right to collateral security] The defendant's exercise of right by transferring the vehicle which was the object of the victim company's right to collateral security, so the crime is not easy, and the nature and circumstances of the crime have not been returned to the victim, and the passenger car has not been returned to the victim until now, and the payment of installments has not been made properly, and there are no unfavorable circumstances such as not being made.

However, the fact that the defendant is against the wrong, the fact that it seems that the restoration of damage is expected to be made through the personal rehabilitation procedure, the fact that the defendant does not have any other criminal records other than the juvenile protective disposition once, and the defendant's age, sexual behavior.

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