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(영문) 광주지방법원 2020.09.24 2019노2015
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected in the crime is favorable to the defendant.

On the other hand, the defendant's failure to pay 8 million won in the balance of the loan to provide the car of this case to a third party as collateral, and the location of the car of this case cannot be grasped, the agreement with the victim or the damage of the victim has not been recovered, and the defendant has been sentenced to one million won due to the obstruction of the previous exercise of rights.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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