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(영문) 대전지방법원 2020.08.05 2020노1713
권리행사방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In light of the facts and methods of the instant crime, as indicated in the judgment of the court below on the grounds of its sentencing, even though the nature of the crime is less and less than that of the instant crime, and the amount of damage is not considerable, most of the damages still have not been recovered, and the instant crime constitutes the act of supplying large vehicles, which is considerably significant social harm and injury, it is deemed necessary to punish the Defendant.

However, in light of the Defendant’s age, occupation, character and conduct, family relation, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., as well as all of the sentencing conditions specified in the records and arguments of the instant case, such as the Defendant’s age, occupation, character and conduct, family relation, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence of the lower court is somewhat weak, in view of the following factors: (a) the first head’s judgment of the crime of larceny, which became final and conclusive; and (b) the relationship between the crime of special larceny and the latter part of Article 37 of the Criminal Act, which are concurrent crimes as indicated in the judgment of the lower court.

It is rather unreasonable rather than it is too unreasonable.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following decision shall be rendered once the defendant's appeal is accepted and the judgment of the court below shall not be dismissed

【The reasons for the judgment of multiple times】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime in the judgment of the court below, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below.

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