부동산강제집행효용침해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.
2. The crime of false judgment is one of the crimes that injure the proper judicial function and disciplinary function of the State, and is in danger of criminal punishment, and thus requires strict punishment.
The defendant lost the judgment in civil procedure and the execution of the judgment is not only the other party to the lawsuit, but also the enforcement officer who has lawfully performed his duties and the employees of the purchaser of the auction.
However, there are parts of the circumstances, such as that the Defendant: (a) recognized the first offense to be late; (b) supported the mother who suffers from dementia by a recipient of a basic life; and (c) each of the instant crimes appears to have been committed by the Defendant and the mother who lacks economic capacity due to driving away from a house where the Defendant and the mother were living in the old.
In addition, when comprehensively considering all the sentencing conditions under Article 51 of the Criminal Act, such as the fact that the damage caused by the defendant'sless crime is not realized, the sentence of the court below is too unfeasible and unfair.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.