logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2017.02.14 2016고단334
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

On July 17, 2013, the Defendant purchased D SP car at the Seoul Central and High-Tech Agency located in D SP car at the time of Gangwon-gu Seoul Special Metropolitan City on July 17, 2013, and was granted a loan by designating D SP car as “12 million won,” “19.9%,” “36 months,” “45,351 won,” “36 months,” and “445,351 won,” and the Defendant set up a collateral on the said SP car as security for the said principal, etc. on July 18, 2013.

The Defendant did not pay the five installments after the payment of the five installments, and did not move his residence to the victim even though the Defendant received the highest place of delivery for the said vehicle on the ground of the loss of the benefit of time, including around February 28, 2014 and around December 10, 2015 from the injured party, but could not find the said vehicle.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Written application form:

1. Original Register of Motor Vehicle Registration;

1. Application of Acts and subordinate statutes, such as notification of loss of deadline;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no basic area (six months to one year) [the person subject to special sentencing] [the sentence] sentenced to six months, the suspension of execution two years, and the defendant of the community service order committed a motor vehicle installment financing of 12 million won and concealed the motor vehicle while repaying only two million won, thereby hindering the victim's exercise of rights.

However, the defendant has no record of the same crime.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

arrow