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(영문) 울산지방법원 2014.05.30 2014고정653
공무상표시무효
Text

Defendants shall be punished by a fine of KRW 1,000,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

On February 28, 2008, the Defendants leased land from C to February 28, 2008, 520 square meters prior to D, E, 2,436 square meters prior to F, 10,620 square meters prior to G, 322 square meters prior to H, and 25,240 square meters of forest land on C’s ground. Since then, the Defendants leased the said land from C to February 28, 2013, and did not comply with C’s demand for eviction and return of land, but did not comply therewith.

Accordingly, on June 13, 2013, the enforcement court of Daegu District Court racing support delegated the enforcement of creditor C with the execution by the creditor C, executed the provisional disposition against the shot tree and kneak tree of the Defendants on the said land on June 13, 2013, and attached the notification to the effect that the disposal of the goods is prohibited.

Nevertheless, the Defendants conspired with each other,

1. On June 16, 2013, in the above land, where 67 glussiums are mobilized from shot trees and glusium trees attached with the above notice, thereby impairing the utility of the above provisional disposition indication;

2. On June 30, 2013, at the same place, 2013. At the same time, 200 glusiums were mobilized from 200 glussiums attached with the above notice, and glusiums were taken out, thereby impairing the effectiveness of the said provisional disposition mark.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement regarding C;

1. A report on investigation (Attachment of a field photograph);

1. Documents of decision on provisional disposition;

1. A request for compulsory execution;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 140(1) of the Criminal Act, Article 30 of the Criminal Act (the point of invalidation of official indication, the choice of fines)

B. Defendant B: Article 140(1) of the Criminal Act, Article 30 of the Criminal Act (the point of invalidation of official indication, the choice of fines)

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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