logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.08.13 2013노923
경매방해
Text

The judgment of the court below is reversed.

Defendant

A A A Fine of 4,00,000 won, Defendant B of 7,000,000 won, and Defendant C of this case.

Reasons

1. The sentence of the court below against the Defendants in the summary of the grounds for appeal (the fine of two million won is imposed on the Defendants A, the fine of five million won is imposed on the Defendants B, and the fine of two million won is imposed on the Defendants C): it is too uneasible.

2. Defendant C is the first offender, and there is no same criminal records in Defendant A and B, the Defendants voluntarily withdrawn the report of false lien, and the Defendants are breaking their mistakes in depth, etc. are favorable to the Defendants.

However, the crime of this case is committed in consideration of the circumstances that led to the crime of this case, other defendants' age, character and conduct, environment, circumstances after the crime of this case, etc., considering the following circumstances: the court below's punishment against the defendants is deemed to be unfair, since the defendants' punishment against the defendants is deemed to be unfair, since the defendants' punishment against the defendants is deemed to be unfair, since they are deemed to be unfair, because they are deemed to be unfair, because they interfere with the auction by reporting a false lien twice in order to receive a successful bid at a lower price; the obstruction of auction obstructs the fair auction business of the court and inflict losses on the bona fide creditors; and there is a need for strict punishment as an act of impeding the fair auction business of the court and causing losses to the bona fide creditors; and the amount of the claim against the false lien reported by the defendants is considerably large.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, since the prosecutor's appeal is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as 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. Article 315 of the Criminal Act and the Defendants’ choice of punishment on criminal facts: the charge of interference with public auction under Article 30 of the Criminal Act.

arrow