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(영문) 대구지방법원 포항지원 2013.10.23 2013고단880

공무상표시무효

Text

A defendant shall be punished by imprisonment for 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 September 10, 2012, the Defendant removed attachment marks attached to the 1st place of goods equivalent to KRW 16,100,000,000 in total market value of KRW 13,000,000,000,000, and then arbitrarily disposed of the said cutting machines and contact boxes, and H beams and 5 iron plates were used as construction materials by a public official for the performance of his/her duties by using the 2012 Ghana’s enforcement delegation by creditors E on September 10, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal report (an original copy of a decision on provisional seizure, a report on attachment of corporeal movables, and a report on impossibility

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 on the suspension of execution (including the confession of the accused and the absence of any record of punishment for the same kind of crime);

1. Social service order under Article 62-2 of the Criminal Act;