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(영문) 대전지방법원 2016.08.11 2016노979

민사집행법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant is waiting to commit the instant crime, and that the defendant has no record of criminal punishment, etc.

However, in order to ensure the effectiveness of the compulsory execution system prescribed by the Civil Execution Act, since it is essential to specify accurate and transparent property, there is an unfavorable circumstance against the defendant, such as that the nature of the crime of this case committed by the defendant who submitted a false list of property is not less than that of the defendant. In addition, comprehensively taking account of all the sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.