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제주지방법원 2015.02.12 2014노583
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The judgment of the court below is not appropriate in light of the following circumstances: (a) the defendant recognized the crime of this case as committing the crime of this case; (b) the defendant reflects his mistake; (c) the defendant has no record of being punished for the same crime; and (d) the defendant must support his wife and one child; and (c) filed a petition for bankruptcy; (b) the crime of this case is acknowledged, but it is not appropriate to prevent the defendant from exercising his rights by selling the construction equipment to others, even though the defendant was granted a loan from the victim with a construction equipment purchase fund and granted a mortgage on the construction equipment; (c) the defendant did not recover approximately KRW 44 million out of the principal amount of the loan amount of KRW 49 million; and (d) other circumstances, including the defendant's age, character and conduct, circumstances before and after the crime, etc., the defendant's punishment against the defendant is too unreasonable.

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

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