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(영문) 대법원 2018.06.28 2018도3933

강제집행면탈

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, it is justifiable to maintain the first instance judgment convicting the Defendant of the instant facts charged on the grounds stated in its reasoning.

There is no error of law by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on objective composition requirements for the establishment of a crime of escaping from compulsory execution (specific risks to be subject to compulsory execution, prejudice to creditors), subjective composition requirements (the purpose of escaping from compulsory execution, intentional act), etc.

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