(영문) 서울중앙지방법원 2017.11.30 2017노3515

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.11.30 2017노3515

공무상표시무효

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. The crime of this case, which is judged, is not suitable in that it interferes with the proper implementation of civil execution procedures, and thereby interferes with the general trust in civil execution procedures. However, the defendant is recognized and against all of the crimes of this case since it was in the trial of the party, and the defendant has already been in the trial of the party, and the creditor has been fully repaid the amount of KRW 20 million to the creditor in the trial of the party, and the above creditor has fully agreed upon the provisional seizure application and the sentencing conditions specified in the argument of this case are considered, the court below's punishment is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 140 of the Criminal Act applicable to the crime, Article 140 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of the various circumstances as set forth in the above 2.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제140조 제1항

유사 판례

-청주지방법원 2017.10.26 2017노556

-대구지방법원 2016.06.22 2015노4434

-춘천지방법원 강릉지원 2016.04.14 2015노681

-수원지방법원 2016.06.29 2016노2885

-수원지방법원 2017.04.26 2016노6325