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(영문) 인천지방법원 2018.11.21 2018고단6756
공무상보관물무효
Text

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

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

Reasons

Punishment of the crime

around January 18, 2018, the Defendant: (a) from the enforcement officer D affiliated with the Incheon District Court of Incheon, the total market value of KRW 1,110,00,00 in total, the market value of which is owned by the Defendant from the execution officer D belonging to the Incheon District Court of Law; (b) Emba (EXS cans), Tfac, air conditioners (EL), and kimchi air conditioners (C).

The seizure of eight goods, such as electronic sirens, Samsung (T&T), laundry (EL), laundry, cleaning machines (EL), etc. was ordered to keep the said goods.

On July 25, 2018, the Defendant moved the said goods to 301, Nam-gu, Incheon, and concealed them to 301, thereby impairing the utility of the goods that were ordered to be kept by the public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to seizure records of corporeal movables, or protocol which is impossible to sell corporeal movables;

1. Article 142 of the Criminal Act applicable to the crime and Article 142 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The appraised value of the stored goods shall not exceed two million won.

Unfavorable circumstances: The defendant had been already punished several times, and the period of repeated crime was the same at the time of the crime of this case.

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