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(영문) 인천지방법원 2014.02.20 2013노3615
경매방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the respective sentences of the lower court against the Defendants (Defendant A: 1.5 million won, Defendant B: fine of one million won) are too unreasonable.

2. In light of the fact that the Defendants recognized all of the instant crimes and reflected their mistakes, and the Defendants were the primary offenders, etc. are favorable to the Defendants.

However, the crime of this case, however, is likely to obstruct auction by submitting a report on the right along with a copy of the false lease contract and an application for demand for distribution, and the case is not less complicated, and the obstruction of auction obstructs the fair auction business of the court and causes damage to the creditors in good faith, and requires strict punishment. In full view of various sentencing conditions as shown in the records and arguments, such as the age, happiness and family environment of the defendants, and circumstances before and after the crime, the sentence of the court below against the defendants is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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