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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.07.07 2016노937
강제집행면탈
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Determination is recognized that the amount equivalent to 1/2 of the wage claim to be received from the company where the defendant had worked is a claim prohibiting seizure, the fact that the defendant has a family member to support (child) and the defendant has no criminal record of the same kind.

However, a claim held by the injured party against the defendant is a claim for adjustment money that the defendant appeared and borne by himself/herself on the date of open mediation in the process of civil procedure between the defendant's wife and the injured party during the process of civil procedure. The defendant's failure to repay the above adjustment money claim at all, but the defendant concealed the payment for about 10 months by pretending his/her withdrawal in order to evade compulsory execution based on the above claim, and the crime is not good.

The defendant did not pay the above amount to the victim for the first time, and did not agree with the victim.

The accused is a criminal record and a criminal record of a series of meetings, including punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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