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(영문) 대법원 2019.05.30 2018도17374
강제집행면탈
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court as to Defendant A’s grounds of appeal, the court below is justified in finding Defendant A guilty of the facts charged in this case for the reasons indicated in its holding.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of evasion of compulsory execution.

2. As to Defendant B’s appeal, Defendant B did not submit the appellate brief within the submission period, and Defendant B did not state the grounds of appeal in the petition of appeal.

3. Therefore, all appeals are dismissed (the final appeal by Defendant B is dismissed by decision pursuant to Article 380(1) of the Criminal Procedure Act, but the final appeal by Defendant A is dismissed by decision together with Defendant A’s final appeal). It is so decided as per Disposition by the assent of all participating Justices on the bench.

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