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(영문) 창원지방법원 2013.12.06 2013노1606
공장및광업재단저당법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) that the court below sentenced to the defendant is too uneasible and unfair.

2. The crime of this case by which the defendant, without the consent of the creditor, disposes of the mortgage security of a considerable value, and the liability for the crime of this case is minor.

However, considering the value of other real estate as joint collateral and the depreciation level of the disposed machinery, etc., it is difficult to see that the amount of damage suffered by the creditor is too large, the amount of company obligation and overdue wages is deemed to have been repaid, the defendant recognized the crime of this case and committed the crime of this case, the defendant has no criminal history exceeding the same criminal history and fine, the defendant has no criminal history and the criminal punishment for other crimes similar to the crime of this case, and other conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, intelligence, health status, environment, motive and circumstance of the crime of this case, and circumstances after the crime of this case, it is difficult to see that the sentence of the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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