공무상표시무효
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 became final and conclusive.
Punishment of the crime
On February 13, 2018, Incheon District Court attached 70 items, including 15 items of structural trees (North America) owned by the defendant, and displayed attachment marks on the items by delegation of D Co., Ltd. which is a creditor in Seo-gu Incheon, Incheon District Court 2017dan245629.
Nevertheless, on April 10, 2018, the Defendant arbitrarily disposed of part of the attachment indicated in the attachment list among those kept in the above attachment site to “E company” F, one’s creditor, under the name of debt repayment, etc., and the remainder of the attachment had been arbitrarily moved to its own house located in Geumcheon-gu Seoul Metropolitan Government on October 12, 2018, and had the effect of the attachment indication.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H and F;
1. A report on seizure of corporeal movables and a report on inspection of seized objects;
1. Application of Acts and subordinate statutes of the Incheon District Court 2017Kadan245629 Decided decisions;
1. Relevant Article 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case is committed in a way that the defendant arbitrarily disposes of the seized objects or moves them to another place, thereby impairing the utility of the indication of seizure and undermining the function of the State's compulsory disposition; thus, the crime of this case is not less complicated; the defendant's act is against the crime; the defendant has no record of being punished for the same crime and there is no record of criminal punishment exceeding the fine; as above, the crime of this case is committed in consideration of all the sentencing conditions indicated in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive, means and result of the crime;