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(영문) 서울서부지방법원 2013.12.05 2013노983
경매방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (a fine of KRW 10 million for Defendant A, Defendant B: a fine of KRW 3 million for negligence) is too uneased and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendants with excessive amount of money and exercising the right of retention, Defendant A transferred the ownership of the cartel with the intent to escape from compulsory execution based on the victim K’s civil conciliation claim, which is the creditor, and the nature of the crime is not good in light of the Criminal Procedure Act, and there is a need to strictly punish the Defendants for the protection of the bona fide creditor in the event of the crime of obstruction of auction or evasion of compulsory execution.

However, Defendant A denied part of the crime of evading compulsory execution under the court below's law due to the legal problems. However, in light of the fact that the Defendants led to the confession of the crime of this case and reflects their mistakes, the Defendants did not have any record of punishment for the same crime, the Defendants did not cause substantial damage to the creditors, etc. due to the crime of this case, and other various sentencing conditions, including the Defendants' age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime, it cannot be said that the sentence of the court below is too unreasonable.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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