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(영문) 대전지방법원 2014.07.16 2014노1188

권리행사방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) by the court below is too unreasonable.

2. In light of the judgment, there is no agreement with the victim due to the fact that the amount of damage in this case reaches approximately KRW 23,300,000,000, and that no agreement was reached with the victim.

However, the defendant led to the confession of the crime of this case and reflects his mistake, and the defendant, who was self-employed in his descendants from this case, borrowed 80,000 won from this case's request by G with loans to G. However, due to the failure of G to repay the above amount, there are circumstances to take account of the circumstance. The profit accrued from the crime of this case seems to have been reverted to the above G, not the defendant, and the defendant agreed to transfer the remaining 400,000 won, excluding the amount of rehabilitation claim, out of the amount of benefits paid by the defendant who is employed in the Korea Atomic Fuel Fuel Co., Ltd. until the full payment of the amount of damages. Considering that the defendant made efforts to reach an agreement with the victim after obtaining the consent of the above company, there were circumstances where the victim failed to reach an agreement on temporary repayment of the amount of loans, whether the defendant was actually able to recover damages, whether the defendant was punished by a fine or imprisonment in favor of the defendant, and whether the defendant was punished by imprisonment or imprisonment with prison labor for more than two months, etc.