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(영문) 대법원 2017.03.22 2016도13568
강제집행면탈
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of the Defendants’ final appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendants guilty of the evasion part of compulsory execution against creditors E among the facts charged

In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent in the crime of evading compulsory execution and the risk of harming creditors.

2. Examining the reasoning of the lower judgment as to the prosecutor’s grounds for appeal in light of the record, the lower court was justifiable to have rendered a not-guilty verdict on the part of evasion of compulsory execution against creditor J among the instant facts charged on the ground that

In so determining, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

3. Conclusion, the Defendants and the Prosecutor’s appeals are all dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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