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(영문) 대구지방법원 2017.12.15 2017노4350
권리행사방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is not very good because the defendant concealed the factory machinery on which the right to collateral security was established from abroad to prevent the exercise of the right by the victim.

However, there are favorable circumstances, such as the fact that the defendant led to the crime of this case and reflects his mistake, that the defendant has continuously repaid the principal and interest for a period of not less than one year even after concealing factory machinery overseas, that the victim has agreed with the victim by repaying KRW 120 million to the victim after the decision of the court below, that the victim expressed his intention not to want the punishment of the defendant, that the defendant has been subject to three times criminal punishment for the crime of this case, but the records of the last crime have been 15 years prior to the last crime.

In addition, it seems that the defendant had been in custody for about two months in the instant case and had the time to reflect the defendant's age, sex, environment, motive and circumstance of the crime, and all of the sentencing conditions shown in the records and changes theory, such as the records of this case and the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The sentencing of Article 62(1) of the Criminal Act shall be determined as ordered in consideration of the fact of reversal prior to the reason for sentencing of the suspended sentence.

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