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(영문) 대전지방법원 2016.06.30 2016노332

경매방해

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the Defendants (two years of suspended sentence in August and two years of suspended sentence in April) is too unreasonable.

2. Defendant A had no record of punishment for the same criminal offense, and Defendant B had no record of criminal punishment for the same offense, the fact that there is no record of criminal punishment for the crime of this case is favorable to the Defendants; however, the Defendants’ age, sex, environment, motive, means and consequence of the crime of this case; otherwise, the lower court exceeded the reasonable bounds of discretion in sentencing determination, unlike various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the crime of this case;

In full view of the circumstances to be assessed, or the fact that there is no new material that was presented in the course of the trial of sentencing at the party, etc. (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.), since each sentence imposed by the court below against the Defendants is unlimited and it does not seem unfair, the Defendants’ assertion of unfair sentencing is without merit.

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