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(영문) 대구지방법원 2018.01.19 2017노3563
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged of this case, and the punishment should be determined in consideration of equity with the case where the judgment becomes final and conclusive, but on the other hand, the defendant did not take any measures for recovery of damage up to the trial. In light of the fact that the defendant had an attitude to see criminal proceedings, such as the defendant's continuous absence in the trial court, etc., it seems that his mistake seems to have not been seriously reflected, the defendant has the power to be subject to criminal punishment more than 10 times, including three times of punishment due to fraud, three times of suspended sentence, and two times of suspended sentence, etc., and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unfair, and thus, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the Supreme Court (see Article 25(1) of the Regulation on Criminal Procedure; Provided, That the first head of the crime of the lower judgment ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, the first head of the crime of the crime of the lower judgment was sentenced to imprisonment with prison labor for not less than four months at the Incheon District Court on May 28, 2015, and the said judgment became final and conclusive on June 5, 2015, and on March 16, 2016, the said court sentenced eight months of imprisonment with prison labor for fraud,

“A correction shall be made”.

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