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(영문) 대전지방법원 2021.01.14 2020노2904
강제집행면탈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. The Defendant’s crime of evading compulsory execution of this case, false entry of the original copy of the process deed, and false entry into the original copy of the process deed requires heavy punishment for the nature of the crime and circumstances after committing the crime as stated in the judgment of the court below.

However, when considering all of the sentencing conditions indicated in the argument of this case, such as the fact that the defendant has recognized all of the crimes in the trial of the party, the first offender, and the first offender, and the victim agreed with the victim in the trial of the first instance, and the victim was not subject to punishment for the defendant, and the defendant is designated as a minor guardian in a divorce lawsuit with the victim and is raising the above children, the court below's punishment is unfair.

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

【Grounds for Appeal】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, are the facts constituting a crime of the judgment below and the summary of the evidence are pending in the Supreme Court.

“The judgment dismissing the final appeal was rendered on October 29, 2020 by the Supreme Court, even though Defendant A was above,”

“A summary of the evidence” is identical to each corresponding column of the lower judgment, except as otherwise modified “1. Defendant A’s partial statement” by “1. Defendant A’s legal statement”, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 327 and 30 of the Criminal Act regarding the choice of punishment (the point of evasion of compulsory execution), Articles 228(1) and 30 of the Criminal Act (the point of false entry in the original of a process deed), Articles 229, 228(1), and 30 of the Criminal Act (the point of exercise of the original of a process deed) of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence).

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