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(영문) 수원지방법원 2016.06.23 2016노604
권리행사방해
Text

The defendant's appeal is dismissed.

All the costs of the trial by the original instance and the trial by the party shall be borne by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The fact that the Defendant recognized the instant crime, and that the Defendant rendered a criminal conciliation with respect to the foregoing vehicle on the condition that the Defendant return the vehicle subject to the instant crime by June 25, 2015 during the investigation process, on condition that the said vehicle should be returned, should be considered favorably.

However, in full view of the circumstances such as the Defendant’s age, sexual conduct, environment, family relationship, etc., when setting up a right to collateral security on the said vehicle, the Defendant provided the said vehicle to another person as collateral without paying a considerable amount of money, and did not return the said vehicle until now, and the Defendant had a record of criminal punishment of fines due to property crimes such as fraud, etc., the lower court’s sentencing is too unreasonable because it is too unreasonable.

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 by the court below and the court below's decision pursuant to Articles 191 (1), 190 (1), and 186 (1) main text of the Criminal Procedure Act on the grounds that all costs of the trial shall be borne by the defendant.

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