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(영문) 전주지방법원 2016.09.30 2016노891
권리행사방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant disposes of a vehicle with a claim maximum of KRW 1,00,000, on which the mortgage is established to a nominal bond company and thereby obstructs the exercise of the rights by the victim. The crime of this case does not reach an agreement with the victim up to the trial, and does not take any particular measures to recover damage to the victim.

On the other hand, there is no record of criminal punishment or criminal punishment exceeding a fine for the same kind of crime before, and the fact that the defendant seems to have reached the crime of this case due to economic gambling, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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

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