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(영문) 수원지방법원 2016.11.04 2016노3084
경매방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal of the first instance judgment against Defendant A (five million won by fine) and the second instance judgment against Defendant G (five million won by fine) are too uneasible and unreasonable.

2. Determination

A. The fact that the nature of the crime is inferior due to a case that harms the fairness of the auction procedure by submitting a report of rights and demand for distribution by means of submitting a false lease contract form against Defendant A, which is, the amount of the claim for return of the deposit for lease on a false basis reaches 35 million won, and that the interested party in the auction procedure was relieved of the right that is difficult to file a lawsuit of demurrer against the Defendant by the interested party in the auction procedure.

However, there are more favorable circumstances such as the fact that he committed a crime upon C's request, the fact that he did not gain any benefits through the crime, the fact that he paid 12 million won to interested parties in the auction procedure F for the recovery of damage, the fact that F is not punished by the defendant, the fact that he is against the crime, the fact that he did not have the same criminal record, and that he did not have any criminal record exceeding the fine.

In addition, taking account of the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the Defendants, and all the sentencing conditions indicated in the pleadings, the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

Therefore, the prosecutor's argument on unreasonable sentencing is without merit.

B. A normal situation is that: (a) the fact that the nature of the crime was inferior due to a case that harms the fairness of the auction procedure by submitting a report on the right and demand for distribution by means of submitting a false lease contract with Defendant G; (b) the amount of the claim for return of the deposit for lease on a false report reaches 35 million won; and (c) the fact that the interested party in the auction procedure was relieved of the right that was difficult to file a lawsuit of demurrer against the Defendant.

However, the fact that he committed the crime upon the request of arbitr C, that he did not gain any benefits through the crime, and that he reflects the crime.

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