A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the child of the net C, and the victim D is the de facto position of the net person who has maintained de facto marital relationship with the net C.

The victim paid KRW 14 million to assist the net C in the work as a kindergarten bus engineer, but the name of the bus was deceased while the name of the bus was maintained under the net C, and there was a dispute over the settlement after the ownership and sale of the bus with the Defendant and the bus.

On October 2015, the Defendant: (a) around the new training station located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) took advantage of the fact that the name of the bus owned by the victim was his father C, and (c) made the key of the bus parked in that place, and (d) caused the Defendant to manufacture the key of the bus parked in that place.

As a result, the defendant took a bus owned by the defendant who is possessed by the injured party and obstructed the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the submission of suspect-related documents), investigation report (referring to the submission of passbooks, etc. to file a criminal complaint), investigation report ( listening to victim's statement and reporting on the filing of account transaction details), investigation report (report on the filing of vehicle repair cost estimate);

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

1. “Possession of another person” subject to protection under Article 62(1) of the Act on the Suspension of Execution does not necessarily mean possession based on the title to be possessed. On the other hand, possession where the source of possessory right was lost after commencement of possession based on lawful title, possession until the existence of possessory right is clarified through legal procedure, and possession by the source of possessory right was not commenced through legal procedure, but by simultaneous performance defense, etc.