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(영문) 창원지방법원 2014.02.14 2013노1471

공무상표시무효

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 1,00,000.

Reasons

1. The facts charged in this case and the judgment of the court below

A. The Defendants of the facts charged in the instant case conspired with the Defendants on May 2012, at F Schools located in Changnam-gun, Gyeongnam-gun, and Y, among the attachment marks attached at 37 points, including the air conditioners and one unit in which G members of Changwon District Court was the owner of F Schools, Defendant A was the owner of a large steel stuff in F Schools. Defendant B removed two attachment marks attached to 8 large steel stuffs from F Schools. Defendant B removed the two attachment marks attached to 8 large steel stuffs and damaged the attachment marks performed by public officials in relation to his duties by removing two attachment marks attached to 8 large steel stuffs, a seized object, from the method of carrying 8 large steel stuffs on the truck.

The above attachment indication was seized and attached by the original copy of the decision of provisional seizure of corporeal movables (No. 2012Kadan18), which was delegated by the creditor H, around February 8, 2012 by the enforcement officer G, and was released from the Changwon District Court 2012Kadan18.

B. The lower court’s judgment: (a) most of the seizure marks attached to the steel stuffs at the time of Defendant B’s release of 8 steel stuffs of this case were destroyed and damaged, and (b) this is due to the fact that: (c) on March 5, 2012, I had already damaged the seizure marks attached to the said steel stuffs due to the concern about the interest of the people in front of the opening of the school and the image of the school; and (d) accordingly I had already removed all of the seizure marks attached to the instant steel stuffs of this case (the facts charged in the indictment against I did not appear to have been charged with all the damage according to relevant evidentiary materials, but the above sentence became final and conclusive by being sentenced to imprisonment with prison labor for the reason that they were removed from the entire indictment for the instant steel stuffs of this case; and (d) the situation of damaged seizure marks by the above I were removed even if G and its employees were deemed to have been removed.