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Defendants are innocent.
Reasons
1. The summary of the facts charged is as follows: (a) the Defendants conspired to act on May 2, 2012 at F Schools located in Changnam-gun; (b) on the part of the F Schools located in Changwon District Court, G enforcement officers G affiliated with Changwon District District Court was attached to 37 places, including the air conditioners and one unit in F Schools; and (c) Defendant A was deemed to put the large steel stay in F Schools; and (d) Defendant B removed two attachment marks attached to 8 large steel stays; and (c) Defendant B removed the two attachment marks attached to 8 large steel stays, a seized object, and damaged the attachment marks performed by the public official in connection with his duties by removing them as the attachment marks attached to 8 large steel stays, a seized object.
The above attachment indication was seized and attached by the original copy of the decision of provisional seizure of corporeal movables (No. 2012Kadan18), which was delegated by the creditor H, around February 8, 2012 by the enforcement officer G, and was released from the Changwon District Court 2012Kadan18.
2. Determination
A. In order to establish the crime of invalidation of indication in the line of duty, it is necessary to place an indication of compulsory disposition at the time of the act (see, e.g., Supreme Court Decision 96Do2801, Mar. 11, 1997). It is a question whether there is an indication of compulsory disposition that can be subject to criminal punishment in this case.
B. According to the evidence duly adopted and examined by the court of this case, most of the seizure marks attached to the steel stuffs at the time of release of 8 steel stuffs of this case were destroyed and damaged, and this is due to the following: (a) around March 5, 2012, I, who had operated F Schools at the time, had already damaged the seizure marks attached to the said steel stuffs because there is concern about the interest of people and the image of the school; and (b) accordingly, I had already damaged the seizure marks attached to the instant steel stuffs at the time of release of 8 steel stuffs of this case; (c) but, according to the relevant evidence, I was indicted as a whole.