경매방해
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair punishment) that the court below sentenced against the Defendants (one year of imprisonment for each of the defendants) is too unreasonable.
2. The crime of this case committed by the Defendants in collusion with others based on a false lease agreement, thereby undermining the fairness of auction by filing an application for a report on rights and a demand for distribution in the auction procedure, and, in light of the method of crime, etc., the liability for the
It seems that the time and property loss suffered by the claimant who filed an application for auction, such as several faileds in the auction procedure due to the acts of the defendants, are not significant.
In particular, even if Defendant A was a police officer at the time of committing the crime, there is a high possibility of criticism in that he participated in such crime.
Such circumstances are disadvantageous to the Defendants.
However, the defendants recognize the crime for the purpose of the trial, and are able to repent of the mistake.
As the case, the defendants had been detained for about 6 months, and had the time to reflect.
Defendant
A is lower than the lease deposit stipulated in the false lease agreement, but actually leased the real estate of this case. At the first instance, the court delivered the real estate to the applicant for auction, and made efforts to recover damages, such as agreement to transfer the claim of KRW 90 million of the compulsory execution suspension deposit.
Defendant
B seems to have no benefit from committing the instant crime.
Defendant
A is a first offender, and Defendant B has no record of punishment exceeding a fine.
Such circumstances are favorable to the Defendants.
In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and arguments, such as the age, career, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., it is recognized that the sentence against the Defendants is too unreasonable.
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