logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.05.21 2014노2348
경매방해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of suspended sentence for eight months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant acknowledges his mistake, the defendant has no record of crime since 2002, there is no record of crime exceeding the fine, and the auction creditor has cancelled the complaint and the preemptive action against the defendant is a favorable sentencing factor.

However, the crime of this case is an unfavorable sentencing factor, such as the fact that the defendant reported a false right in the auction procedure, thereby undermining the fairness and trust of the auction procedure, and that the nature of the crime is not weak, and that the defendant repeatedly prepared a false lease contract and repeatedly committed the crime of this case on five occasions. In light of the fact that there is no change in circumstances that are different from the judgment of the court below and the punishment of this case, and that there is no change in the court below's circumstances, and other sentencing materials in the pleadings, such as the background of the crime of this case, circumstances after the crime, the age, character, conduct and environment of the defendant, etc., the court below's punishment is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow