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(영문) 서울서부지방법원 2020.01.31 2019고단2143

공무상표시무효

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2018, the execution officer B of the Seoul Northern District Court attached 25 million won of the market price, such as Audio, among the articles kept in the building in Seongbuk-gu Seoul and the warehouse, on December 18, 2018, based on the original copy of the decision of provisional seizure of corporeal movables by the Seoul Western District Court 2018Kadan53128, which was delegated by the execution officer B of D, a creditor for the defendant's ASEAN, attached 16 items, such as the list of seized articles, including audio appliances, and attached the items.

Around January 2019, the Defendant transferred articles other than 1 unit, which were stored in the above warehouse, to the fluor, and concealed the indication of seizure, etc. performed by the public official in connection with his/her duties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. A ruling on a provisional disposition prohibiting the possession or transfer of real estate by the Seoul Western District Court, a ruling on a provisional seizure of corporeal movables by the Seoul Western District Court, a attachment report by the corporeal movables, and the application of Acts and subordinate statutes

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Article 140 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the trial process of this case, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as ordered.

D. Unfavorable circumstances: The crime of this case is a serious punishment that interferes with the display function of the compulsory disposition, which is a part of the state's public power, and damages the trust of the execution creditor in the judicial system.

The location of the seized object which concealed the indication was not revealed, and it did not reach an agreement with the creditor.

A favorable condition: A person who has no record of criminal punishment, and whose health is good due to the cerebrovascular aftermathy.