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(영문) 서울북부지방법원 2013.05.06 2013고정1054
권리행사방해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of the B body-man vehicle.

On July 15, 2012, the victim C borrowed 4 million won as security the above vehicle owned by the defendant to D, who is the south of the defendant, and D promised to pay it within one week.

Around 10:00 on October 5, 2012, the Defendant: (a) performed an inspection of the vehicle at the apartment parking lot in Gangnam-gu Seoul, Seoul; (b) performed an inspection of the vehicle, and (c) took the key of the vehicle from the victim, and (d) took the vehicle while driving the vehicle without paying the borrowed money, thereby hindering the rights of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the vehicle register;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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