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(영문) 부산지방법원 2013.12.12 2013노2962
강제집행면탈등
Text

The judgment of the court below is reversed.

Nos. 1 and 2-A of the judgment of the defendant.

The 2-B of the holding that the crime shall be punished by imprisonment for three months.

(2) Crimes;

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (3 months of imprisonment with prison labor for the crimes No. 1 and No. 2-A. 1) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor filed an application for changes in the indictment with the following contents: “On February 23, 2011,” of the first head part of the facts charged, the prosecutor “as soon as he/she is served, and the property owned by the Defendant became likely to be subject to compulsory execution” of the main part 8 through 9 in the main part 1 of the charges, and “On May 27, 2010, the Busan District Court has filed a claim for the return of lease deposit with D as the Defendant, and the Defendant’s property is likely to be subject to compulsory execution,” and the judgment of the court below was changed by permission, and thus the judgment of the court below was no longer maintained.

3. If so, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to be changed to " September 21, 201" of the first head of the facts charged by the court below according to the prosecutor's amendment of the indictment, and "the property owned by the defendant is likely to be subject to compulsory execution upon being served on February 23, 2012," and "the defendant's property is likely to be subject to compulsory execution on May 27, 2010, the defendant's property becomes likely to be subject to compulsory execution on May 27, 2010, and the defendant's property becomes likely to be subject to compulsory execution on the part of the defendant's property in the summary of the evidence changed to "the court statement of the defendant" as stated in each corresponding column of the court below, except where "the court statement of the defendant is changed to "the court statement of the defendant" as stated in Article 369 of the Criminal Procedure Act.

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