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(영문) 전주지방법원 2016.04.07 2016노248
경매방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. It is recognized that the defendant's recognition of the crime of this case and seriously reflects the defendant, that the defendant has no record of being punished for the same crime or of being sentenced to heavier punishment than suspended execution, and that the defendant has failed to obtain substantial benefits due to the crime of this case.

However, the crime of this case is committed by attracting the co-defendants of the court below in order to obtain a successful bid at a low price, and it is not good that the crime of this case harms the fairness of auction by requiring the defendant to report a false lien of large amount (R 2 billion won, P 3.3 billion won). Although the defendant committed the crime of this case planned and led, he continuously attempted to transfer his responsibility to other persons in the process of auction and investigation, even though the defendant committed the crime of this case in a planned and led manner, it is necessary to strictly punish many legitimate creditors as a result of a highly dangerous act that may cause damage to the creditors. In fact, the auction procedure of this case is delayed due to the crime of this case, the sale price has been significantly lowered, and the defendant's age, sex, environment, circumstances after the crime, etc., it is not recognized that the sentence of the court below is unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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