(영문) 의정부지방법원 2016.10.06 2016노885

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(영문) 의정부지방법원 2016.10.06 2016노885

권리행사방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. It is recognized that there are family members to support the accused, and that the accused has no criminal record of the same kind of imprisonment or imprisonment without prison labor or imprisonment without prison labor or any heavier punishment.

However, as long as the defendant has received installment loans from the victimized company, the act of disposing of the scopher, a security, in another place and making it impossible to identify the location of the scopher is not good.

Even if the amount of loans the Defendant received, the Defendant did not fully repay the above loans to the damaged company for about 2 years and 3 months from the date of the loan, and it seems that the Defendant did not recover the so-called scafing machine, which is the security.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the sentencing guidelines of the Supreme Court and the enactment of the sentencing guidelines of the Sentencing Committee, it is deemed that the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor'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 it is again decided as follows.

【Grounds for the Judgment of the Supreme Court, 【The facts constituting a crime and the summary of the evidence admitted by the court, and the summary of the evidence thereof,” are as follows: “The date and time of the crime, which the Defendant delivered to C as a security for the sculf” from “ August 21, 2014,” “The date and time of the crime, which is consistent with the Defendant’s statement and assertion, is likely to be at a disadvantage to the Defendant’s defense; thus, without

(See Supreme Court Decision 94Do998 delivered on September 9, 1994, etc.).

참조조문

-형사소송법 제364조 제6항

참조판례

-대법원 1994. 9. 9. 선고 94도998 판결

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