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(영문) 의정부지방법원 2017.09.14 2017고정1378
공무상표시무효
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant: (a) on February 22, 2017, at the Defendant’s residence located in Namyang-si, the Defendant: (b) on February 22, 2017, affiliated D, etc., of the Seoul Special Viewing Finance Bureau was

In February 2017, a seizure mark attached to the said TV was removed without permission on February 2, 2017, even though the TV was seized and a mark indicating that it was attached to it.

Accordingly, the Defendant damaged the attachment indication that a public official performed in relation to his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Hearing of statements by relevant public officials of the accusation place, photographs of each seized article, custody certificates, seals of the attached property, records of the police preparation and statement of F concerning F, sealing of the attached property, and statements of relevant public officials;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 140 of the Criminal Act applicable to the crime, Article 140 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of the instant case and reflects his mistake; and (b) the fact that there was no past record of criminal punishment after around 1991, etc. are recognized as the circumstances favorable to the Defendant.

However, the crime of this case, where the defendant arbitrarily removed a seizure indication attached to TV, which is the object of seizure, for the reason that TV viewing is difficult, is invalidated, is not less than the nature of the crime in light of the content, method, motive, etc. of the crime. The crime of invalidation of indication in the line of duty requires strict punishment as a crime that interferes with the public official's duty performance and interferes with lawful compulsory execution procedures. The general punishment of general cases in the same and similar cases is balanced, and other conditions of the punishment of this case, such as the defendant's age, sexual behavior, intelligence and environment, the motive, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc.

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