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(영문) 춘천지방법원 2016.12.01 2016고정298

공무상표시은닉

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 2015, the Defendant: (a) around 12:19 on November 4, 2014, at the office of the Defendant located on the third floor of the building located in Gangwon-gun, Gangwon-do; (b) the enforcement officer D, who was affiliated with the Chuncheon District Court, attached 14 points of the goods owned by the Defendant under the creditor-based law firm E 2014No583, the Defendant’s husband’s husband attached the 14 points of the goods such as one computer owned by the Defendant and attached a seizure mark; (c) however, the Defendant’s husband F, without the enforcement officer’s approval, assisted the Defendant’s act of not actively aiding and abetting the Defendant’s act of seizing 1, 1, and 1, 1, in a container stuff located on the 1st floor of the above Defendant’s house; and (d) in a childcare center located on the 1st floor of the above building by being aware of the location of the HP.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol of the accused (including F's statement part);

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the direct charge;

1. Article 140 (1) and Article 32 (1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Aiding and abetting under the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act not only facilitates the implementation of a principal offender by commission, but also where a person who is obligated to perform duties makes it easy to implement a principal offender due to omission, which does not take all measures to prevent the principal offender’s criminal act but also makes it easy. In order to recognize a crime of omission under the Criminal Act, legal duty to act to prevent infringement of legal interests prohibited under the Criminal Act is imposed.