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(영문) 수원지방법원 2015.12.29 2014노3416
경매방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (one million won per fine) is too unreasonable.

2. The Defendants recognized the crime and against whom the judgment was made, and appears to have reached the crime of this case due to the failure to receive the construction cost, Defendant B was the primary offender, and Defendant C did not have the same criminal record, and was in favor of sentencing.

However, in light of the fact that the Defendants committed a crime interfering with the auction procedure by filing a false lien report, and thereby impeding the fair price formation for the objects to be sold, and causing damages to other economic interested parties, the liability for such crime is not easy. In addition, taking into account various sentencing conditions, such as the Defendants’ age, environment, motive of the crime, motive of the crime, the course and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendants' appeal is without merit and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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