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(영문) 의정부지방법원 고양지원 2012.11.28 2012고단1205
공무상표시무효
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2012, the Defendant kept color sugar (specification: 24 kilograms) 16mt (value assessed: 32,640,000) and Myanmar (specification: 24 kilograms) 16mt (value assessed: 28,800,000) at the warehouse of goods B in Pakistan-si.

On March 19, 2012, upon delegation of enforcement by creditors D and E, C attached the said goods at the warehouse of the above goods and attached a seizure mark on the said goods, based on the executory decision of seizure of corporeal movables in the above case No. 2012j234, which had the executory power over the above case.

However, around May 2012, the Defendant transferred 16th of mool 16th of the above goods with attachment marking, and 10th of the Myanmar 10th of the above goods to F.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Protocol of the police statement concerning G;

1. A complaint;

1. Application of Acts and subordinate statutes governing a report on inspection of seized objects, a seizure list, and a report on attachment of corporeal

1. Relevant Article of the Criminal Act and Article 140 (1) of the Criminal Act: Selection of imprisonment with prison labor;

1. The suspended sentence of Article 62(1) of the Criminal Act does not have any previous convictions against the defendant with the reason for sentencing exceeding the fine, the ownership of the seized articles in the relevant civil procedure is determined F (this Court Decision 2012No. 20614, a third party’s objection) and all other factors of sentencing as indicated in the argument in the instant case are considered to be sentenced to the same sentence as the order.

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