(영문) 대전지방법원 2020.12.02 2020노2806 | 리걸엔진

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(영문) 대전지방법원 2020.12.02 2020노2806

권리행사방해등

Text

The judgment below

The remainder of conviction except the dismissed part of the application for compensation shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the court below rejected the application for compensation, and thus, the part dismissing the application for compensation was immediately finalized.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.

2. The punishment of the original court (eight months of imprisonment) shall be too unreasonable;

The defendant and his defense counsel explicitly withdrawn misunderstanding of facts or misapprehension of legal principles on the second trial date.

3. In light of the content of each of the instant crimes and the amount of damage, etc., the crime is not less than the standard, but when the Defendant was found to have committed the crime of embezzlement of this case which was denied by the lower court, the Defendant appeared to reflect his mistake by committing the crime of embezzlement of this case, and the Defendant appears to have committed the crime of committing the crime of embezzlement of this case for seven months, including the fact that the object of embezzlement was recovered from the damaged company, and other factors of sentencing as shown in the argument of this case, such as the Defendant’s age, occupation, character, personality and behavior, family relationship, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

4. Thus, the defendant's appeal is with merit, and the part of the judgment below's conviction except the dismissal of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 323 (Obstruction of Exercise of Rights) of the Criminal Act, Article 355 (1) of the Criminal Act, and Article 323 (Crimes of Embezzlement) of the Criminal Act.

참조조문

-소송촉진 등에 관한 특례법 제32조 제4항

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