(영문) 대전지방법원 2017.03.16 2016노2282 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.03.16 2016노2282

권리행사방해

Text

The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. The instant crime is that the vehicle offered as security to a financial institution was delivered to a third party without permission, and the nature of the crime is not minor in light of the circumstances and methods of the crime.

However, in full view of the following factors: (a) agreement with the victim company after the pronouncement of the judgment of the court below that the victim company did not want the punishment of the defendant; (b) the defendant did not intend to dispose of the above vehicle ultimately but did not offer double security; and (c) all sentencing factors in the argument of this case, such as character and conduct of the defendant, criminal records, the result of the crime and the circumstances after the crime, etc., the sentence of the court

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances in light of the judgment on the grounds for appeal);

1. Class 1 (Interference with Exercise of Rights, etc.) (Special Sentencing) mitigation element: Imprisonment with prison labor for not more than eight months;

2. On the grounds as seen earlier, the sentence shall be determined as ordered and the execution of the said sentence shall be suspended at the same time.

참조조문

-형법 제62조 제1항

-형법 제323조

유사 판례

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