beta
(영문) 의정부지방법원 2015.01.15 2014고정2501

공무상표시무효

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant owned ten articles, such as kimchi cooling house with a total of 2,100,000 won in the market value of B apartment house 1905, 302, Namyang-si.

On December 26, 2011, the enforcement officer C of the District Court attached the above goods on the apartment of the above defendant and attached a seizure mark on the goods, based on the original copy of the ruling of recommending reconciliation No. 2011Gadan2821 of the above court upon delegation of the execution of creditor D with the execution of creditor D.

However, around September 2013, the Defendant moved the above goods to the above director's place without the approval of the execution officer.

Accordingly, the defendant, by concealing the above goods, has impaired the utility of the seizure marking conducted by the execution officer who is a public official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the written complaint, decision on recommending reconciliation, report on attachment of corporeal movables, and report on inspection of seized objects;

1. Article 140 (1) of the Criminal Act applicable to the crimes;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act provides that the Defendant has no special criminal record for the last ten years with the age of 70 years, and Article owned by the Defendant was seized on December 26, 2011. The Defendant’s failure to file a report on the transfer of the place of the seized article as a director of his/her mother house around July 8, 2013 to commit the instant crime. The obligee D knew on July 8, 2014 that the Defendant had moved his/her address, known the Defendant by telephone, and notified the Defendant of his/her address by telephone. The Defendant, upon contact with the obligee D immediately after receiving the obligee D, applied for the transfer of the seized article on July 9, 2014, considering all the circumstances leading to the instant crime, motive, circumstances after committing the crime, age of the Defendant’s age, character and environment, etc.): Penalty of a fine not paid to the Defendant (Article 7000 and No.10 of the Criminal Act).