경매방해등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.
2. The Defendant was punished three times by a fine. Among them, there was no record of punishment for the same crime, and each fraud committed was attempted.
On the other hand, the defendant does not merely obstruct auction by reporting false lien based on the side agreement, but it is very good to commit a crime by claiming the victim for additional construction cost twice or more, and it also belongs to a very large amount of money to be obtained by fraud.
However, in light of the fact that the court dismissed the Defendant’s claim to the effect that the Defendant was attempted to commit an offense when the Defendant was in the first instance trial, and that the Defendant led to confession and reflects on the Defendant’s age, sexual conduct, environment, motive, means and consequence of the offense, etc., the lower court’s punishment is too heavy or less.
It is difficult to see it.
Therefore, we cannot accept all the defendant and prosecutor's argument.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.