The defendant shall be innocent.

1. Judgment on the primary facts charged

A. On January 11, 2013, the primary Defendant notified the Ulsan District Court’s enforcement officer affiliated with Ulsan District Court to the effect that the passage from the above land should not be obstructed by the original copy of the decision on provisional disposition on the prohibition of passage obstruction, etc. of the above court 2012Kahap922 with the authority delegated by the applicant D, and posted the notice at the entrance of the above land, despite the notice indicating that it should not interfere with passage from the above land, the Defendant cultivated vegetables, etc. on the above land from September 30, 2013 to November 201, 2013 and prevented entry by stockpiling fertilizer, stone, etc., and removed the above notice from the above enforcement officer’s office, thereby impairing its utility by damaging the indication of the compulsory disposition on his/her duties.

B. Determination 1) The crime of invalidation of an indication in the line of duty under Article 140(1) of the Criminal Act is established when a public official damages or conceals an indication that he/she conducted a specific compulsory disposition, such as sealing, seizure of movable property, possession of real estate, etc., with respect to his/her duties, or impairs its utility by other means. Therefore, in cases where an execution officer issued a provisional disposition ordering the respondent to be omitted from the court and did not perform a specific enforcement act such as moving the seals or objects to his/her own possession, the mere fact that the respondent merely 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). Of the facts charged in the surrounding charges of this case, as to the part that impairs the utility of an indication in the line of duty by putting a fertilizer, stone, etc. on the land of this case, according to the records, the Public Health Service District Court’s notice No.