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(영문) 대전지방법원 2014.02.06 2013노2214
강제집행면탈등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In a situation where there was a continuous dispute over the instant house between the Defendant and co-inheritors, the Defendant’s act of arbitrarily disposing of the jointly inherited property does not constitute a justifiable act that does not violate the social norms. However, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too uneasible and unfair.

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. From July 2012 to August 2, 2012, the Defendant: (a) caused G to bring the victim F, I, J, and the Defendant’s joint ownership market price at KRW 100,000,00,00,000, which is the heir of C, to a high water commercial; and (b) caused damage to the utility of property by having G to bring the victim’s f, I, and J as well as the Defendant’s joint ownership.

B. As to this part of the facts charged, the lower court found the Defendant not guilty on the ground that the Defendant’s act of causing the above available household effects, etc. to a high-water commercial person constitutes a justifiable act that does not violate the social rules and thus constitutes a justifiable act that appears to be the next cause for adjustment of relics following the death of the put.

C. However, the lower court’s determination is difficult to accept in the following respect.

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant was son’s father and son F, I, J and I, and was living together with C in the housing indicated in the facts constituting the crime in the lower judgment for several years. Of that, C donated the said housing and land to the Defendant and completed the registration of transfer of ownership on March 14, 2008, and ②.

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