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(영문) 전주지방법원 2017.11.17 2017노1406
강제집행면탈
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the legal principles) is that the offense of violating the Act on the Registration of Real Estate under Actual Right Holder's Name, for which the judgment has already become final and conclusive, and the offense of escaping from the compulsory execution of this case is not an ordinary

However, the court below erred by misapprehending legal principles in imposing an acquittal on the facts charged of this case.

2. Examining the reasoning of the judgment of the court below in light of the records, the court below is just in holding that the facts charged in this case constitutes a final and conclusive judgment, and there is an error of law by misunderstanding the legal principles as alleged by the prosecutor.

Therefore, the prosecutor's assertion is without merit.

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

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