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(영문) 대전지방법원 2017.01.12 2016노2909
경매방해
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. The fact that the Defendant did not know about the period of repeated crime and led to the instant crime, and that the Defendant led to the instant crime, is disadvantageous to the Defendant.

However, considering all the sentencing conditions such as the defendant's age, sex behavior, environment, motive, means, consequence, etc., the sentence of the court below is too unreasonable, considering all the sentencing conditions such as the defendant's age, sex behavior, environment, motive, means, consequence, etc., it is acknowledged that the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 315 and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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