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(영문) 부산지방법원 2020.10.23 2019노2574
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, due to erroneous determination of facts, was aware that a vehicle security loan and a vehicle purchase was not made due to credit rating, etc., and was not aware of the fact that the vehicle was registered in his own name, and there was no fact that the Defendant concealed the Defendant’s goods, which became the object of the rights of the victim company, as stated in the facts charged

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment as to the assertion of mistake of fact, and the lower court rejected the Defendant’s above assertion by providing a detailed statement of the judgment.

In light of the evidence duly admitted and examined by the court below, the court below rejected the defendant's assertion and found the defendant guilty of the facts charged of this case is just.

Therefore, the defendant's assertion of mistake is without merit.

B. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing by taking into account the favorable circumstances and unfavorable circumstances for the Defendant as above.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

However, under Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below is subject to the application of statutes.

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