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(영문) 대전지방법원 2017.09.28 2017노2359
권리행사방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not conceal the bus of this case on the ground that he was unable to find the bus of this case, and there was no intention to obstruct the exercise of his rights.

However, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the court below's duly adopted and examined evidence of the assertion of misunderstanding of facts, namely, the defendant confirmed that the victim's right to collateral security was established and the installment remains at the time of acquiring all business rights and assets of the corporation B from C, and the defendant was anticipated to commence voluntary auction upon the victim's application due to overdue payment, and the defendant delivered the bus to H, and the defendant sent the bus to H in the prosecutor's office.

In full view of the fact that “the victim made a statement to the purport that it was “,” and thereafter, the victim was decided to voluntarily commence an auction on the instant bus by the court, but it was impossible to grasp the location thereof, it is recognized that the Defendant intentionally concealed the instant bus as stated in the judgment of the court below

Therefore, this part of the defendant's argument is without merit.

3. Determination of unfair holding of sentencing on the ground that the amount of secured claim against the victim whose exercise of the right in this case was obstructed is large amounting to KRW 90,000,000, the defendant is not consistent and contradictory to his defense, etc. However, considering the fact that the defendant agreed smoothly with the victim at the trial of the party, the court below’s sentence is too unreasonable because it is too unreasonable in light of all the sentencing conditions of the case, such as the defendant’s character and behavior, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

4. Thus, the defendant's appeal is correct.

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