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(영문) 대전지방법원 천안지원 2017.05.11 2016고단1237
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant purchased the 108-9 Gangnam-dong 108-9 car sales site, Chang-124, Chang-ro, Chang-ro, Inc., Ltd., in order to purchase the vehicle last car at the office of Chang-do Co., Ltd., Ltd., the Defendant created a collateral security on the said vehicle with a loan of KRW 29 million from the victim JB, JB, Korea, and with a claim amounting to KRW 14.5 million on December 27, 2013.

The Defendant, despite being aware of the establishment of the right to collateral security on the above vehicle, had obstructed the exercise of the right by the victim by concealing the above vehicle which became the object of the right of the victim.

Summary of Evidence

1. Statement made by the witness D in the third public trial records;

1. Statement of witness E in the fourth public trial protocol;

1. A protocol concerning the examination of suspect by the prosecution against D or E;

1. A complaint, an application for installment financing, an automobile registration ledger, and a protocol of impossibility of delivery of a motor vehicle;

1. The application of Acts and subordinate statutes to investigation reports, recording materials, and accompanying records;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (six months to one year) [the person who is subject to special sentencing] [decision of sentence], the fact that it is impossible to agree with the victim, the fact that it is denied and not against the victim, the fact that there is no record of criminal punishment, the fact that there is no record of criminal punishment, and other various sentencing conditions such as the defendant's age, sex behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined as per the disposition.

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