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(영문) 서울서부지방법원 2020.02.13 2019노944
강제집행면탈
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than four months, a suspended sentence of one year, and a fine not exceeding two million won) that the court below sentenced to the Defendants is too unreasonable.

2. In the judgment of the court below, the defendants led to the confession of the crime of this case, and the defendants do not want the punishment against the defendants under the agreement with the victim, and the defendants B was the first offender who has no criminal power, etc. are favorable to the defendants.

However, the Defendants’ crime of this case was committed with a provisional registration established at king for the purpose of evading compulsory execution based on the final judgment, and the nature of the crime is not good in light of the background of the crime and the method thereof, and the victim did not make efforts to recover the damage of the victim for a considerable period of time from the date of the crime. Considering all other circumstances, such as the Defendants’ age, character, character, environment, motive and background leading up to the crime of this case, the means and consequence thereof, etc., the sentence imposed by the lower court is too unreasonable.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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