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(영문) 인천지방법원 2013.07.05 2013노1158
강제집행면탈
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and three years of suspended execution) against the Defendant is too uneased and unreasonable.

2. In light of the following: (a) although the Defendant is liable for the dissolution of marriage, the crime of this case is not likely to be subject to compulsory execution upon the occurrence of a divorce lawsuit and a lawsuit for division of property from the victim; and (b) the nature of the crime is not good; and (c) the degree of damage to the property concealed by the crime of this case is considerable to the total amount of KRW 410 million; and (d) there is a need to strictly punish the Defendant.

However, the judgment that the defendant and C divorced, and that the defendant would pay consolation money of KRW 20 million to C and division of property of KRW 476 million is finalized. In light of the defendant's active property details, execution against C is deemed to be possible to a certain extent. In addition, in the case of the defendant's active property details, there is no record that the defendant had been punished for the same kind of crime, there is no record that the defendant has been punished for the same crime, and there is a need to consider the case of judgment and equity in accordance with Article 39 (1) of the Criminal Act, in full view of various sentencing conditions as shown in the records and arguments, such as equity in sentencing with the same and similar cases, the defendant's age, family environment, circumstances before and after the crime, etc., it is not unreasonable for the court below's punishment against the defendant to be too unreasonable.

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

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