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(영문) 수원지방법원 2016.11.04 2016노3224

경매방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five million won by the lower court) is too unreasonable.

2. The fact that a person commits a crime upon the request of the judgment C is committed, the fact that he did not obtain particular benefits through the crime, and the fact that he did not have the same criminal record is favorable.

However, the fact that the nature of the crime is inferior to the case of impairing the fairness of the auction procedure by submitting a report on the right and demand for distribution by means of submitting a monthly rent contract prepared in falsity, the amount of the claim for return of the deposit for lease on a deposit basis that has been falsely reported reaches 34 million won in total, and the fact that the interested parties in the auction procedure seem to have realized the right difficult due to the criminal act of the accused.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.