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(영문) 서울북부지방법원 2016.12.21 2016고정345
공무상표시무효등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 26, 2012, the execution officer C of the Seoul Northern District Court: (a) entrusted the execution of the creditor D with the execution of the said court; (b) attached the goods equivalent to KRW 1.30,000,00 in total of 10,000,000, including TV (c) at the Defendant’s house of Gangnam-gu Seoul Northern District Court No. 601, Dec. 26, 2012; and (c) attached a seizure mark on the goods.

From the above temporary border to April 22, 2015, the Defendant arbitrarily changed the storage place of 1 TV and laundry from among the above seized goods, and removed without permission the attachment marking.

As a result, the Defendant damaged and concealed the attachment marks that public officials performed in connection with their duties, thereby impairing their usefulness.

2. The Defendant urged the victim D to repay KRW 2 million on April 2002, and sent a text message to the victim’s cell phone using the Defendant’s cell phone at an irregular place around September 10, 2013, and threatened the victim by displaying text messages, etc. to give up five times in total from the above date to April 17, 2015, as indicated in the separate crime list.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Statement made to D by the police;

1. A complaint;

1. A copy of the mediation protocol to support Seoul Northern District, a protocol of impossibility of auction of corporeal movables, a report on attachment of corporeal movables, and a notification of auction

1. The content of text messages and the application of the photographic Acts and subordinate statutes;

1. Relevant Article 140(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283 of the Criminal Act, the choice of a fine for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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