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(영문) 부산지방법원 2014.10.10 2014노1770
강제집행면탈
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the mistake of facts regarding the crime of evading compulsory execution on November 29, 201, the court below found Defendant A to bear a false obligation with respect to the above crime, despite the fact that Defendant A was not guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. Since each of the above crimes committed under Article 1. 1. A of the facts of the lower judgment was committed in a situation where Defendant B was not aware of the obligation and debt relationship of Defendant A, the lower court found Defendant B guilty of all of the facts charged, despite the fact that the intent to evade compulsory execution is not recognized. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

C. The punishment of unfair sentencing (the defendants and the prosecutor) is too heavy or unreasonable in both a year of imprisonment imposed by the court below on the defendant A, a year of suspended execution, a year of community service, a period of 80 hours and imprisonment imposed on the defendant B, and a year of suspended execution.

2. Judgment on the prosecutor’s assertion of mistake of facts concerning the crime of evading compulsory execution on November 29, 201

A. According to the records, the court below found that Defendant A purchased and registered the Rad Automobile around November 25, 201, and deposited KRW 9,240,000 from the Busan Bank Account used by Defendant B to the Busan Bank Account in the name of Defendant B used by Defendant B. Since the Defendants asserted that the said Rad Automobile was leased to Defendant B, the Defendants cannot be deemed as bearing a false debt on the Rad Automobile unless the prosecutor proves that the said Rad Automobile was not a money based on the monetary lending relationship. Moreover, a reasonable doubt is raised only on the evidence submitted by the prosecutor.

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