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(영문) 서울동부지방법원 2014.04.24 2013노1510
강제집행면탈
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (three million won of fine) imposed by the court below is too unreasonable.

Therefore, there is a true fact that there are circumstances to consider the defendant, such as the following: (a) the defendant's mistake, the defendant's depth is pening, and the defendant is in an economically difficult situation.

However, in full view of the following circumstances: (a) the Defendant’s act of this case committed with the intent to escape creditors’ legitimate compulsory execution, thereby concealing the ownership relationship of the credit card sales claim of H, and thus, the nature of the crime is not weak; (b) in consideration of the aforementioned circumstances favorable to the Defendant, the lower court sentenced to a fine of KRW 3 million, which has been considerably reduced by a fine of KRW 5 million under a summary order; and (c) there is no special circumstance or change in circumstances that may be considered in the sentencing newly after the sentence of the lower judgment; and (d) other circumstances that form the conditions for the pleadings and the sentencing specified in the records of this case, such as the Defendant’s age, character and behavior, environment, motive, means, and consequence of the crime, etc., such as the circumstances after the crime

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal 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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