권리행사방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of seven million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. In full view of all the circumstances, including the Defendant’s age, sex, environment, family relationship, circumstance after committing the instant crime, etc., the lower court’s punishment seems to be unfair because it is too too unreasonable, considering the following: (a) the Defendant made efforts to file a report on theft and apply for an order to stop the operation of the vehicle; (b) the equity with the case where the judgment was rendered simultaneously with the crime of injury as indicated in the judgment of the lower court; (c) the Defendant entered into a debt settlement agreement with a limited company specialized in the securitization, which acquired the claim for the loan from the victimized party, and fulfilled some obligations under the agreement; and (d) the APS first EP company specialized in the securitization of the instant case did not want the Defendant’s punishment; and (e) the Defendant’s age, sex, environment, family relationship, circumstance after committing the instant crime, etc., as a whole, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;