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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below on the defendant (three million won of a fine) is too unhued and unreasonable.
B. Defendant 1) The moving-in report was made only after the decision on commencing the instant auction was made with respect to the lease contract submitted by the Defendant while filing a report on the right and demanding the distribution, and the fixed date was also received after the decision on commencing the auction, and since the time when the report on the right and the demand for distribution was made and the time when the right was reported and the demand for distribution was made more than one year, it was apparent that the Defendant was not in a position to assert any right in the auction procedure. Therefore, since the submission of the lease contract for the purpose of security by the Defendant as a document attached to the report on the right and the demand for distribution did not reach the degree that would undermine the fairness of the auction, it does not constitute a crime of interference with the auction by the above submission of the contract. Nevertheless, the judgment below convicting the Defendant of the facts charged in the instant case, which
2. Determination
A. Although the Defendant alleged the same purport in the lower court’s judgment as to the Defendant’s assertion of misapprehension of the legal doctrine, the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence duly admitted and investigated, rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part of “decision on the Defendant and the
Examining the above judgment of the court below in a thorough manner with the records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and acceptable, and there is no error of law by misunderstanding the legal principles which affected the judgment.
Therefore, the defendant's above assertion is without merit.
B. Unreasonable sentencing of the prosecutor and the defendant.