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(영문) 수원지방법원 2017.02.03 2015고단6126

공무상표시무효

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant has run F in E in the period of harmony.

G with the delegation of creditors H, Cheongju District Court 2014, based on the executory judgment of 1574, Cheongju District Court attached to F's factory around March 6, 2015 and attached a seizure mark on the goods.

Nevertheless, from March 7, 2015 to July 21, 2015, the Defendant arbitrarily used part of each wheelchairs set forth in attached Table 11, 13, and 19 among the wheelchairs set forth in attached Table 11, 13, and 19, thereby impairing the effectiveness of the attachment indication by causing damage to the attachment indication by not managing the remainder outside the above F factory.

2. At the time of the seizure of this case’s assertion by the Defendant and the defense counsel, the actual wheelchairs would be eight rolls, and 38 rolls listed in the attached list 11,13 through 19 are recorded by mistake by the enforcement officer. The Defendant did not use the above wheelchairs 8 rolls or take them out of the factory, and thus, the Defendant does not constitute a crime of invalidation of indication in the line of duty.

3. On the premise that the 11, 13, or 19 re-wheel liftss of the attached list at the time of the seizure of this case are 38 rolls due to miscellaneous property attachment records prepared by G enforcement officers, the Defendant is deemed to have arbitrarily used the above wheelchairs, or to have taken them out of the factory, and thus, the prosecution of this case is instituted.

Therefore, according to the records on the investigation report submitted by the prosecutor as to whether the wheelchairs was 38 rolls at the time of the seizure of this case, the execution officer G belonging to the Suwon District Court attached the articles listed in the attached list at the F’s factory operated by the defendant around March 6, 2015 based on the executory exemplification of the judgment No. 2014, Cheongju District Court 2014, Gohap attached the articles listed in the attached list at the F’s factory operated by the defendant around March 6, 2015. The above list Nos. 11, 13, and 19 are 38 wheels.