(영문) 수원지방법원 2016.05.12 2015노5543 | 리걸엔진

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(영문) 수원지방법원 2016.05.12 2015노5543

권리행사방해

Text

The judgment of the court below is reversed.

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

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) was presented from C to the effect that "the defendant will lend money to him as a security after purchasing a vehicle in return for the vehicle" was prevented from committing the crime of this case, and is against the wrongness, the defendant is also damaged by C's deception because he did not lend the money that C promised to deliver the vehicle to C but did not lend to C, and the defendant did not want to punish the defendant; the victim does not want to punish the defendant; the defendant supported the old parent and two children with low income when the defendant supports the old parent and two children, the dependent would be faced with economic difficulties; and the defendant has no record of punishment for the same kind of crime. In light of the above, the sentence of the court below that sentenced three months of imprisonment is unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant recognized the facts of the crime in the trial at the time of the trial and reflects the mistake in depth; (b) the defendant deposited KRW 1 million for the victim at the court below; (c) after the sentence of the court below, the injured person expressed his/her intent that he/she would not be punished on September 23, 2015 after receiving compensation for damages from the defendant; (d) the defendant has no record of criminal punishment except for the crime of violation of the Punishment of Violences, etc. Act and the crime of violation of Road Traffic Act (dact of Drinking) on three occasions; and (e) the defendant's age, sexual behavior, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the above argument is justified.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant shall be as stated in the corresponding column of the judgment below.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

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