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(영문) 광주지방법원 2018.04.11 2017고단4012
권리행사방해
Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

On February 14, 2014, the Defendant purchased CM5 car at the first floor of the building located in Gwangju Mine-gu, Gwangju, the first floor of Samsung 85, and concluded a loan agreement between Korea Co., Ltd., Ltd., and the Defendant and the Defendant, under the name of the purchase price for the vehicle, to pay 29,469,000 won of the loan at a rate of 6.5% per annum from March 25, 2014 to February 25, 2019, to pay 567,418 won with interest and interest at a rate of 6.5% per annum for 60% from March 25, 2014. As security for the above loan, the Defendant concluded a mortgage on the amount of the claim to the victim as a debt amounting to 29,00,000 won.

Nevertheless, on May 30, 2014, the Defendant delivered the said car to the person who was under the name of the deceased.

Accordingly, the defendant concealed the victim's car which is the object of the victim's mortgage and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the installment financing and loan agreement to be provided;

1. Application of statutes on motor vehicle registration certificates;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to one year), such as interfering with the exercise of rights within the scope of recommended punishment;

2. Determination of sentence of punishment of the instant crime is highly likely to cause damage to the victim, and a considerable portion of damage has not been restored to the present.

The punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing, such as the fact that the defendant is erroneous, the defendant is suffering from difficulties due to disease treatment, and the motive, means and result leading to the crime of this case, circumstances after the crime, age, sex, environment, etc. of the defendant.

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