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(영문) 대구지방법원 2014.10.17 2014노1149
경매방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime is disadvantageous to the Defendant, on the other hand, by reporting false rights in the auction procedure, thereby impairing the fairness and trust in the auction procedure, and the nature of the crime is bad, and the total amount of the Defendant’s false claims exceeds KRW 240 million,00,000.

On the other hand, the fact that the defendant led to the confession of each of the crimes in this case and reflects the wrongness, that part of the falsely reported bonds were submitted during the auction procedure, and that the defendant did not have any criminal record punished for the same kind of crime.

In addition, comprehensively considering all the sentencing conditions, such as the character and conduct of the defendant, the environment, the motive leading to the crime of this case, the circumstances after the crime, etc., the court below's punishment is too heavy or unreasonable. Thus, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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