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(영문) 광주지방법원 순천지원 2017.01.11 2016고단1583
공무상표시무효
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2015, from around February 26, 2016 to around December 26, 2016, the Defendant: (a) ordered the execution of E Co., Ltd. at the place of business where the Defendant located in Macheon-si, Gwangju District Court’s net support D, the execution officer affiliated with the Gwangju District Court, the creditor, on December 2, 2015; and (b) transferred the proceeds from the transfer of possession to the Plaintiff to the 1st floor by means of the original disposal decision; and (c) by means of the original disposal decision on the land price of movable properties in 812580, Seoul Central District Court 2015, which the Defendant occupied from the second floor of the said place of business, the Defendant’s announcement was made that “it shall not impair the utility of the attached goods due to damage, concealment, disposal, sealing, sealing, or public disclosure, etc.; and (d) moved the above ethyl level to the 1st floor after cutting it into the ethyl.

Accordingly, the defendant has harmed the utility of the indication of the compulsory disposition that the public official performed in relation to his duties.

Summary of Evidence

1. Each legal statement of the witness F, G, D, and H;

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. A list of the movables to be purchased, each written judgment, proof of contents, written ruling, each photograph, written estimate, and provisional disposition;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The defendant and his defense counsel found that they cut ethyl labelling and moved from the second floor to the first floor after cutting ethyl labelling, but the enforcement officer's specific compulsory execution was conducted.

It can not be seen, and the defendant asserts that there is no fact that he violated the order of omission of the provisional disposition of this case and there is no fact that the notice has been damaged.

2. Determination

(a) In case of seizure of movables, if the executor has the debtor keep the seized objects, it is necessary to clarify that they are seized objects by sealing or by other means (the proviso of Article 189(1) of the Civil Execution Act).

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