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(영문) 대구지방법원 2017.06.22 2016고단5355
공무상표시무효
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, while substantially operating a D golf practice hall on the 1st floor in Gyeonggi-do, Gyeonggi-do, and kept a golf-related machine with a market value of 20 million won or more.

On May 26, 2016, the enforcement officer E belonging to the Daegu District Court seized 9 items, such as the above machinery, at the above golf practice site around 10:40 on May 26, 2016, by a notary public, based on the G Joint Law Office No. 182 deed No. 2015, which was the enforcement officer by creditor F, and attached a seizure mark on the goods.

However, the defendant is the same year.

8. Absentman assigned No. .G.7-09 - 03-400-7694) A with a seizure marking at the above golf practice place to H and moved to H’s office instead of the storage place.

As a result, the defendant has harmed the effectiveness of attachment indication attached by a public official in relation to his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a protocol of seizure of movables, protocol of impossibility of auction of movables, and protocol of inspection of movables of seizure;

1. Relevant Article of the Act and the choice of punishment for the crime;

1. The fact that the highest value of the seized articles among the seized articles according to the law enforcement of the court for the reason of sentencing under Article 62(1) of the Criminal Act is not agreed with the seizure creditor, as a matter of impairing the effectiveness of the seizure indication of the seized articles.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and the fact that there is room to see that the actual owner of the above article is not the defendant, and all of the sentencing conditions, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.

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