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(영문) 울산지방법원 2017.08.11 2017노652
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the judgment, the Defendant appears to have committed the instant crime in an economically difficult situation, and there are no criminal records of the same kind, and the fact that he/she acknowledges and reflects his/her mistake is favorable to the Defendant.

However, as long as the Defendant concluded an installment contract with the victim company with the amount of 45 million won and concluded an installment contract with the victim company, it does not always interfere with the exercise of mortgage by the victim company by disposing of the construction machinery of this case and obstructing the exercise of mortgage by the victim company, and even up to now, there are circumstances unfavorable to the defendant, such as the delayed payment of the loan amounts to 35 million won, and the damage has not been recovered, and there are other circumstances unfavorable to the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime was committed, change in circumstances after the judgment of the court below, etc., even though considering the fact that the defendant's health is not good, the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it is too

Therefore, the defendant's above assertion is without merit.

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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