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(영문) 대전지방법원 2019.05.02 2018노2693
입찰방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. In light of the fact that the instant crime was committed continuously and repeatedly during a long period from 2013 to 2017, the Defendant’s liability is not less than 3.32 billion won, and even considering the circumstances asserted as the grounds for appeal, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion, given that the Defendant’s total amount of bid price exceeds KRW 3.3 billion.

Furthermore, there is no change in the new sentencing conditions that can be deemed unfair to maintain the sentencing of the lower court in the trial.

Therefore, it is not recognized that the sentence of the court below is too unreasonable because it is too large.

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

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