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(영문) 대전지방법원 논산지원 2017.07.04 2017고단329
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal records] On September 29, 2016, the Defendant was sentenced to one year of imprisonment by the Cheongju District Court for obstructing the exercise of rights, and the above judgment became final and conclusive on October 7, 2016.

[2] On March 24, 2014, the Defendant entered into a loan agreement on the condition that the Defendant would make a change in KRW 1,010,221 per month for 36 months with a loan of KRW 29,60,000,000,000 to the D Office located in substantial Gu Office C, Cheongju-si, and that the Defendant would make a loan agreement on the condition that the Defendant would make a change in KRW 1,010

8. After the registration of transfer in the name of the defendant, the above mining ground has been made for the same year.

4. 9. As to the above digging ground, a mortgage was created over the victim's 20,720,000 won as a secured claim.

Nevertheless, around September 2015, the Defendant disposed of the above sofaging machine from the above D office to a person with no name, and concealed things owned by the Defendant for the purpose of exercising another person's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Loan agreement;

1. Construction machinery registration ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (reports attached to separate final and conclusive judgments)-related Acts and subordinate statutes;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) is against the defendant's wrong; (b) the amount of damage suffered by the victim due to the defendant's crime; (c) the obstruction of the defendant's exercise of his right in a single concurrent relationship after Article 37 of the Criminal Code to a concurrent crime; and (d) the crime of interference with the defendant's exercise of his right in a single concurrent relationship after Article 37 of the Criminal Code; and (e) the defendant's age, sex, environment, criminal records, criminal records, circumstances after the crime

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