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(영문) 대구지방법원 2015.07.23 2014노3994
공무상표시은닉
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the defendant's act of moving the seized object from the president's office to a restaurant constitutes an act that undermines the utility of seizure of the seized object, the judgment of the court below not guilty of the facts charged of this case was erroneous.

2. The lower court, on the grounds indicated in its reasoning, determined that the Defendant’s act in relation to the facts charged of the instant case constitutes an act that undermines the utility of an execution officer’s seizure

The charges of this case were found not guilty on the ground that it is difficult to see that the defendant has a criminal intent against the above point.

In full view of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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