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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who is responsible for a general disaster manager of D in Bupyeong-gu Incheon Metropolitan City under the jurisdiction of the defendant corporation B.
On May 2, 2017, the Defendant damaged the notice of provisional disposition, such as the suspension of management, which was attached by the enforcement officer of the Incheon District Court E, in a disaster prevention room located in the D-1st underground floor in Bupyeong-gu Incheon Metropolitan City.
2. Determination
A. The crime of invalidation of an indication in the line of duty under Article 140(1) of the Criminal Act is established by impairing or concealing a public official’s specific compulsory disposition, such as sealing, seizure of movable property, possession of real estate, etc., with respect to his/her duties, or impairing its utility by other means. Thus, if the execution officer publicly notified that a provisional disposition ordering the respondent’s omission was issued by the court, and he/she did not perform specific enforcement acts such as moving the seals or objects from the court to his/her own possession, the mere fact that the respondent violated the order of omission in the above provisional disposition does not constitute an act that undermines the utility of an indication in the line of duty (see Supreme Court Decision 2006Do1819, Dec. 24, 2008). It is not a specific enforcement act, but a mere notification of the contents of the provisional disposition, which was made merely by a public official, thereby damaging or violating the order of omission in the pertinent provisional disposition.
Even if it is difficult to view it as impairing the utility of “an indication of compulsory disposition” (see, e.g., Supreme Court Decision 2015No1418, Nov. 26, 2015; Supreme Court Decision 2015Do20024, Aug. 18, 2016). (b) The evidence duly adopted and examined by this court is as follows: (i) the Incheon District Court 2017Kahap 10077, Apr. 26, 2017 regarding provisional disposition application cases, such as the imposition and collection of management fees, etc., for the occupants, etc. of buildings listed in the attached list, the debtor shall not engage in management activities regarding the building.
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