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(영문) 의정부지방법원 2013.05.31 2013노785
경매방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below is too unreasonable.

2. The sentencing data favorable to the defendant is that the defendant recognized all his errors in the investigative agency and the court, and that the defendant has no criminal records for the same kind of crime.

However, the crime of this case was committed by claiming false claims and filing a lawsuit in order to delay the auction procedure, and the nature of the crime is not good, and the obstruction of auction is an act impeding the fair auction business of the court and causing damages to the creditors in good faith and requires strict punishment. In full view of the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing factors specified in the argument of this case, including circumstances after the crime, etc., the sentence of the court below is proper, and it is not recognized that it is unfair, so the defendant's allegation in the grounds for appeal is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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