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(영문) 수원지방법원 2016.09.29 2016노2150
부동산강제집행효용침해
Text

All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendants recognized the Defendants’ mistake and resisted, relatively old, health conditions and economic conditions, etc., the lower court’s punishment imposing a fine of KRW 4 million on Defendant A, a fine of KRW 1.5 million on Defendant B, and a fine of KRW 3 million on Defendant C is too unreasonable.

B. The prosecutor’s Defendant A committed the instant crime during the period of repeated crime; the Defendants resided in a vinyl house installed on another’s land without permission for a considerable period; and the Defendants were to voluntarily deliver the land to the landowner G by way of the postponement of compulsory execution until May 2015.

In light of the fact that the promise did not comply with the promise, that it did not go through the enforcement of compulsory execution, that it did harm the effectiveness of compulsory execution by breaking a vinyl by breaking a vinyl house into the above land within 3 days after the enforcement of compulsory execution, and that the landowner has paid considerable expenses in the course of filing a civil lawsuit and conducting compulsory execution, each sentence imposed by the court below against the Defendants is unfair.

2. The crime of this case was committed by the Defendants by intrusion on the land delivered by compulsory execution based on the final judgment, and thereby impairing the utility of compulsory execution by installing a vinyl and residing therein. Defendant A was sentenced on November 22, 2012 by means of fraud, etc. on May 7, 2013 and completed the execution of the punishment and committed the crime of this case during the repeated offense period. Defendant C was sentenced to imprisonment with prison labor and imprisonment with prison labor for one year and three months at the Suwon District Court on August 7, 2008; Defendant C was sentenced to criminal punishment for the violation of the Road Traffic Act (unlicensed driving) at the Seoul Western District Court on August 7, 2008; on the other hand, the Defendants were able to voluntarily remove the vinyl and deliver the land to the owner; and the Defendants are relatively short.

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