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(영문) 광주지방법원 2016.11.16 2016노1225
경매방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal ( ① Defendant A: fine of 6 million won; ② Defendant B: fine of 10 million won; ③ Defendant C: fine of 6 million won) declared by the lower court to the Defendants is too unreasonable.

2. The Defendants were aware of their mistake in a net manner and reflects them, and the Defendants did not seem to have obtained a large benefit by requesting the exclusion of the sale of goods other than those presented on the ground of each of the auction objects of this case, and the Defendants’ withdrawal of the request for exclusion from sale after each of the crimes of this case so that they can smoothly proceed with the horse auction procedure.

On the other hand, since each crime of this case interferes with the fair auction business of the court and may seriously damage the interests of the interested parties involved in the auction procedure, such as the debtor and creditor, it is necessary to strictly punish them, and in fact, it seems that the auction procedure for each of the objects of this case is delayed.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the sentence imposed by the lower court to the Defendants is too unreasonable, and thus, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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