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(영문) 청주지방법원 2016.09.27 2015고단1028

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 공무상표시 무효 청주지방법원 소속 집행관 D는 2014. 8. 12. 15:10 경 충북 진천군 E 및 F에 있는 인삼밭에서 채권자 G의 집행 위임을 받아 청주지방법원 진천군 법원 2013 머 97호 유체 동산 압류결정 정본에 의하여 위 인삼밭 23,041㎡에 식재된 H 소유의 시가 212,000,000원 상당의 인삼에 대해 위 인삼밭 주위에 공시 서를 부착한 팻말 세 개를 세워 압류표시를 하였다.

그럼에도 피고인은 2014. 9. 27. 오후 경 집행관의 승인 없이 위 팻말 세 개를 치워 그 압류표시의 효용을 해하였다.

2. When I had been a guarantor of I’s loan (140,000,000 won) to J, but I had failed to meet his obligation even after the maturity date, and the Defendant was urged to pay his obligation, the Defendant was able to mine and dispose of the ginseng planted in the Chungcheongnam-gun, Chungcheongnam-gun, and the Ginseng field, which I provided as security to J.

On September 28, 2014, at around 07:00, the Defendant mobilized more than 100 figures, including K, etc., and cut off off the partitions of 212,00,000, the market value of the victim H owned by the above ginseng field, which was planted in the above ginseng field, at the 3-year period of 2,12,00,000, and cut off the above ginseng capture on 100 k, such as truck of 4.5 tons.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness H in the second public trial record;

1. A protocol concerning the examination of suspect to the prosecution of I;

1. Statement made to the public prosecutor in relation to K and J;

1. Each police statement made against H, G, or L;

1. A copy of the certificate, etc. of ginseng cultivation, a tea club, a certificate of loan rights, a seed manufacturing-related (ginseng special support team), a photograph description, a copy of decision-making, and a copy of a loan certificate, in 2014;

1. Investigation report (investigation related to seizure of ginseng dry field), reply to a request for cooperation in investigation (Cheongju District Court's Office), records of seizure of tangible movables, and records of inspection of seized objects under the Criminal Act (the theft means the possession of objects owned by any person other than himself/herself under the Criminal Act against the will of the possessor shall be excluded;

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