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(영문) 서울동부지방법원 2018.10.19 2018노936

강제집행면탈

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor, the Defendant, as the actual lessee of the instant apartment, transferred the name of a false lessee G with a view to evading compulsory execution, or concealed his/her property (the primary charge). However, the lower court erred by misapprehending the facts, thereby acquitted all of the primary and conjunctive charges of the instant apartment.

2. Examining the evidence duly admitted and examined by the court below in light of the records, the court below's decision that the defendant was not guilty of all the surrounding and conjunctive charges of this case on the ground that the evidence of this case alone, based on the judgment of the court below, does not appear to have transferred or concealed the tenant's name of the apartment of this case, is just and acceptable, and there was no new evidence that corresponds to the surrounding and conjunctive charges of this case in the court below, and therefore, there was an error of mistake of facts as alleged by the prosecutor in the judgment of the court below.

It does not seem that it does not appear.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.