부동산강제집행효용침해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error and misapprehension of the legal principle) does not require the requirement of time and motive relationship with the compulsory execution in the infringement of the effectiveness of the compulsory execution of real estate. In addition, since the defendant brought about waste home appliances and animals on the relevant land on the ground that he/she was the land he/she possessed, he/she had the intention to impair the effectiveness of compulsory execution, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination on the grounds for appeal
A. (1) Review of relevant provisions (1) Infringement of the effectiveness of compulsory execution against real estate Article 140-2 of the Criminal Act is the type of crime newly established on December 29, 1995.
The former Criminal Code does not recognize the general crime of deprivation of real estate or the crime of violation of real estate theft, and defined the crime of violation of boundary in Article 370, which only damages, moves or removes the boundary mark or makes it impossible to recognize the boundary of land by other means.
Therefore, prior to the amendment of the Criminal Code on December 29, 1995, the act of intrusion on the real estate after the completion of the order or delivery execution of the real estate was completed, which could not be punished in criminal punishment as an act after the completion of compulsory execution. However, due to the establishment of the infringement of the effect of compulsory execution on the real estate, the punishment for the person who intrudes on the real estate already declared or delivered
(2) The infringement of the effect of compulsory execution on the above real estate was established to prevent the exercise of the right holder's right by infringing on the real estate already named or delivered by compulsory execution or by other means, and to punish the act infringing on the utility of compulsory execution. Therefore, the legal interest protected by this Act is the function of compulsory execution on the real estate.
However, if the scope of this crime is expanded, it goes beyond the original purpose of securing the function of compulsory execution.