Text
The judgment below
The part concerning Defendant B (including the part not guilty) shall be reversed.
Defendant
B shall be in 10 months of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of Defendant B (one year of imprisonment) by the lower court is too unreasonable.
B. The lower court found Defendant A not guilty of this part of the facts charged, on the ground that Defendant B was involved in the crime of evading compulsory execution on January 17, 2013 in the process of requesting Q to release the attachment of the insurance money with the knowledge that Defendant B would be subject to the termination of the insurance policy even after having been under way by Defendant B’s termination of the insurance policy and the receipt of the insurance money.
2) The lower court found Defendant B guilty of the crime of evading compulsory execution by admitting the fact that the Defendant had concealed the refund of KRW 137 million for the termination of the insurance contract, but did not hold the concealed money as above.
The judgment of the court is in conflict of interest, and all the Defendant consumed refund money.
The court below found the defendant not guilty of this part of the facts charged because it was difficult to believe that the defendant's statement was made without submitting objective explanatory materials at all.
B) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.
2. Determination as to the prosecutor's assertion against Defendant A
A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the conviction should be based on the evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). B. In light of the above legal principles, the following circumstances, i.e., the facts duly adopted and examined by the court below, which are acknowledged by the evidence duly adopted and investigated by the court below, from the investigative agency.