beta
(영문) 서울동부지방법원 2018.10.26 2018노995

권리행사방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (limited to 8 months of imprisonment, 2 years of suspended sentence, 40 hours of community service) is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, the sentencing of the court below against the defendant seems to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the defendant. The circumstances that the defendant has agreed to pay 4 million won to the assets management loan of this case (the original amount KRW 35 million) at the court below, considering the fact that the defendant already paid 4 million won to the assets management loan of this case, and the defendant paid 9 million won to the first instance court, and was exempted from the remaining debts from the assets management of the court below and the first instance court. In light of the fact that the sum of the amounts paid by the defendant at the court below and the first instance court did not reach the principal of the loan claim of this case, and the defendant started to pay the loan claim of this case after six years from the crime of this case, it is difficult to view that the court below changed the punishment due to the circumstance that the defendant submitted the above additional agreement from the above transferee.

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