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(영문) 울산지방법원 2013.10.02 2013노615

경매방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (2 million won of fine, etc.) on the defendant is too unreasonable.

(2) On the first day of appeal, the defendant and his defense counsel withdrawn the assertion of mistake of facts or misapprehension of legal principles during the grounds for appeal, and thus, they cannot be judged separately). 2. Although the crime of this case was committed on the grounds of false lien report, there are unfavorable circumstances, such as that the fairness of auction is harmed by the court, and ultimately, it cannot be deemed that there is a risk of harm to interested parties including creditors, such as creditors, etc., and that the defendant committed the crime of this case by the recommendation of D, which is the representative director of the E company, the defendant committed the crime of this case, that the defendant made a confession when he was first and is against his mistake, and all other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime, the punishment imposed by the court below

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 315 of the Criminal Act and Article 315 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;