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(영문) 대법원 2019.08.29 2019도2322

강제집행면탈등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A and B, the lower court convicted Defendant A and B of the facts charged on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of joint principal offenders, evasion of compulsory execution and violation of the Debtor Rehabilitation and Bankruptcy Act. In so doing, the lower court did not err by violating the principle of prohibition of analogical interpretation and prohibition of expanded interpretation derived

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on Defendant B, the argument that the punishment is too unreasonable is not legitimate grounds for appeal.

2. As to the Defendant C’s grounds of appeal, the lower court convicted Defendant C of the facts charged on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of joint principal offenders, the probative value of disposal documents, the victim of fraud, and the crime of evading compulsory execution and the crime of violating the Debtor Rehabilitation and Bankruptcy Act. In so doing, the lower court did not err by failing to exhaust all necessary deliberations

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.