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(영문) 광주지방법원 2017.05.17 2016노2953
강제집행면탈
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing against the Defendants is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not good, strict punishment against the Defendants is required.

However, in light of the fact that the Defendants’ mistake is divided into one’s own mistake, that the Defendants agreed with the victim when they were in the past, and the conditions of sentencing specified in the instant pleadings, such as the Defendants’ age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable. Thus, the Defendants’ above assertion is reasonable, and the prosecutor’s above assertion is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 327 of the Criminal Act and Articles 327 and 30 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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