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(영문) 창원지방법원 2015.10.29 2015노1540
민사집행법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment imposed by the court below (three million won of fine) is too unhued and unreasonable.

2. The act of submitting a false inventory against an order to specify the property in determination is a crime that makes it difficult for creditors to remedy their rights due to the forced force of the State, and thus, the Defendant’s liability cannot be deemed to be somewhat weak.

However, considering the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the omitted property was a property prior to being identified by G; and (c) the Defendant had no record of punishment except for a violation of the Act on the Management and Use of Livestock Excreta in 2014; and (d) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (c) the circumstances constituting the conditions for sentencing as indicated in the instant pleadings and records, such as the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is unreasonable because the sentence is excessively uneasible.

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

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