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(영문) 인천지방법원 2017.06.22 2017고단1459
공무상보관물무효
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 6, 2016, the Defendant received from enforcement officers affiliated with the Incheon Seo-gu Incheon District Court to seize nine goods, such as TV (LG), DNA air conditioners, dice air conditioners, DNA air conditioners, e-e-mail washing machines, Samsung electronic sirens, air conditioners, computers, shocks, TV (X cans) equivalent to the total market value of 1,92,00,000 won owned by the Defendant, and received orders to keep the said goods in custody.

On June 8, 2016, the Defendant: (a) moved TV (LG), DNA air conditioners, DNA Kimchi air conditioners, CD lazers, Samsung electronic sirens to 3 Dong-dong 1113, Seo-gu, Incheon, Seo-gu apartment, and (b) concealed the remainder of the goods into container stuffs located near the Incheon Southerndong Industrial Complex, thereby undermining the utility of the goods that were ordered to be stored in the official lawsuit by moving them to the container stuffs located near the Incheon Southerndong Industrial Complex.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A list of seizure and a list of seizure of corporeal movables;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 142 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1)(the following favorable circumstances) of the Criminal Act (hereinafter “Suspension of Execution”) is that the Defendant, who was placed in an economic difficult situation and placed at a much more narrow place than the previous ones, moved the provisional appliances, which are the seized property, without filing a lawful transfer report.

Until now, the complainant did not reach an agreement on the principal and the execution cost because the principal and the execution cost were not fully paid.

However, as above, there are some circumstances to consider the circumstances of the crime, the main purpose and exchange value of the transfer of the seized objects, the advance ruling with the complainant, etc. shall be considered as favorable circumstances.

It is considered that the treatment within society is appropriate.

The defendant applied for the transfer of seized objects at the latest in order to correct the illegal state, and the ability to pay the civilian's private debt, which is the foundation of the complaint, shall be granted.

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