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(영문) 수원지방법원 2015.12.24 2015노4483
권리행사방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant has a record of being punished by a fine due to other crimes, and the crime of this case is unfavorable to the defendant, such as that the defendant purchased a high-priced vehicle and borrowed a considerable amount of vehicle purchase price from the victim Gag Capital Co., Ltd., and then disposing of the above vehicle that was established by the collateral security while the above loan was not repaid to the victim company to a third party and obstructed the exercise of the rights of the victim company. The crime of this case is disadvantageous to the defendant.

However, the defendant did not have any history of punishment for the same crime, and it seems that he committed the crime of this case because of economic difficulties at the time. In this case, it is difficult to view that the defendant arbitrarily disposed of the vehicle purchased from the victim for the purpose of acquiring the loan from the beginning; the defendant prepared a detailed draft repayment plan to recover the damage of the victim company in the trial process of the court below; the defendant returned the above vehicle to the victim company in the trial process and most of the damage is expected to have been recovered; the defendant's mistake is divided into and against his age, environment, personality, conduct, etc.; and all other sentencing conditions such as the defendant's age, character, etc. are considered to be unfair. Thus, the above argument by the court below is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

[Separate Judgment] Summary of criminal facts and evidence is the criminal facts of the defendant recognized by the court and the summary of the evidence.

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