logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.05.11 2018고단588
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 28, 2013, the Defendant purchased a DST5 car and received a loan of KRW 25,000,000 from the Korea Social Services Korea Co., Ltd., Ltd., which the victim Alca alca alca alca al, and established a mortgage on the said car owned by the Defendant as security.

While the Defendant did not pay a loan, the Defendant borrowed 5 million won from his name-free bond business operator, and provided and delivered the said car as security, in the French-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

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. Statement by the defendant in court;

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

1. E statements;

1. Application of the installment contract to run a motor vehicle loan, the motor vehicle registration ledger, the current status of deposits in preparation for repayment, and the motor vehicle registration ledger (A);

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentence] Defendant’s crime of this case not only interfered with the exercise of the victim’s security right, but also did not completely recover from property damage. In light of the fact that the defendant’s crime of this case not only interfered with the exercise of the victim’s security right, the crime and the nature of the crime is not easy.

However, the defendant's mistake is recognized and seriously against the defendant, and the defendant's age, sex, environment, motive or circumstance of the crime, motive or circumstance of the crime, method and method of the crime, contents of the crime, circumstances after the crime, etc. are all the conditions of sentencing as shown in the records, and the Supreme Court.

arrow