beta
(영문) 대법원 2015.06.23 2015도5912

부동산강제집행효용침해

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal, the allegation that there was an error in the misapprehension of facts as to the infringement of the effect of compulsory execution against real estate on November 28, 2012 is not a legitimate ground of appeal, since the Defendant’s ground of appeal did not state it as the ground of appeal or the lower court did not consider it as an object of judgment ex officio

2. Examining the reasoning of the judgment below in light of the records, it is just to reverse the judgment of the court of first instance which found the Defendant guilty on September 10, 2012 of the facts charged in the instant case on the ground that there is no proof of crime as to the violation of the effect of real estate compulsory execution on September 10, 2012 among the facts charged. Contrary to the allegations in the grounds of appeal

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not contain any grounds for objection.

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