강제집행면탈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (a two-month imprisonment) by the court below is too heavy or unreasonable.
2. In this case, with a view to evading compulsory execution, the apartment of this case, which is worth property of approximately KRW 40 million, is transferred to E by false means, and the fact is recorded in the real estate registry, and it is necessary to punish the defendant without agreement with the current energy company of the defendant as the bond holder.
However, there is a favorable condition for the defendant, such as the confession of the defendant for the first time in the trial and reflect his mistake in depth, and deposit of 4 million won for the Gohap Energy Co., Ltd., and in addition, comprehensively taking account of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is too unfeasible, and it is recognized to be unfair because it is too unreasonable.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading (the prosecutor's appeal is without merit, but the prosecutor's appeal shall not be dismissed separately from the order so long as the defendant's appeal is accepted and the judgment of the court below is reversed). The criminal facts and the summary of evidence admitted by the court below among the criminal facts of the judgment below are deemed to be "Shap Energy Co., Ltd." and "part of the defendant's legal statement" among the summary of evidence is the same as the corresponding column of the judgment of the court below except for the case where "the defendant's legal statement of the court below" is deemed to be "the defendant's original appellate statement of the court below." Thus, it is cited as it is in accordance with Article
Application of Statutes
1. Article 327 of the Criminal Act applicable to the facts constituting an offense and Articles 328 and 228 of the Criminal Act of the choice of punishment;