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(영문) 서울중앙지방법원 2020.12.09 2020노2619
입찰방해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Since misunderstanding of facts and misunderstanding of legal principles expressed the intention of F to participate in the construction, there is no element of deceptive scheme, and the defendant has no intention to interfere with the construction.

B. The lower court’s sentence of unreasonable sentencing (2.5 million won by fine) is heavy.

2. Determination

A. The defendant argued that the judgment of the court below is identical to the reasons for appeal in this part, and the court below rejected the above argument in detail. In comparison with the evidence, the judgment of the court below is just even if the contents of the record submitted by the defendant are considered in comparison with the evidence, and the defendant's assertion of mistake of facts and misapprehension of legal principles is without merit

B. The lower court did not change the sentencing conditions compared with the lower court on the ground that the lower court determined the Defendant’s sentencing by comprehensively taking account of the sentencing data, and no new sentencing data was submitted in the trial.

In full view of all the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too large, and thus, does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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