공무상표시무효
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds of appeal for ex officio determination, the instant act brought by the Defendant as a director on May 9, 2014 and brought about the effectiveness of a seizure indication as it is, and such act constitutes a single act and constitutes a single crime. However, the lower court dealt with the instant act as a concurrent crime. Therefore, the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby adversely affecting the conclusion of the judgment, and in this respect, the lower judgment cannot be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 140 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. According to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, even when considering the fact that the defendant voluntarily moves the object of corporeal movables to another place, and such act ultimately undermines the function of the State’s compulsory disposition by impairing the effectiveness of the attachment indication, the following circumstances are considered: (a) the value of the object of the attachment indication that the defendant led to the invalidation of the attachment indication is not relatively large to 1.130,00 won in total; (b) the elderly and health is not good; and (c) the economic situation is difficult, etc.