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(영문) 수원지방법원 2019.07.11 2018고단7514
공무상표시무효
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who actually runs the (main) C of the building B in Young-gu, Suwon-si.

On September 13, 2017, Suwon District Court enforcement officers D seized 54 points of corporeal movables equivalent to 49,194,000 won at the market price of the main body of the computer located in the above (C) office with F of Suwon District Court as executive title upon delegation of enforcement by creditors E on September 13, 2017.

On June 13, 2018, the Defendant arbitrarily moved 24 points of corporeal movables worth KRW 40,430,000 in the market price, as shown in the attached crime list, as well as one computer body, which was moved to a second story-friendly room of the second floor of the building B, due to the prevention of the breakdown of seized objects, etc.

In this respect, the defendant has impaired the utility of attachment and other compulsory disposition conducted by a public official in relation to his duties by other means.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A record of inspection of seized objects, a security inspection record, and a letter of commitment;

1. Investigation report (investigation of seized objects for compulsory execution), photographs;

1. A investigative report (verification of CCTV data) and screen of a CCTV-cape;

1. Investigation report (verification of seized goods and notification of the complainant), photographs of the seized goods storage place (container stuff);

1. Application of investigation reports (Submission and confirmation of a favorable decision in favor of a complainant for the payment of overdue wages and a letter of compulsory execution), judgment, execution clause, confirmation of an employer, such as overdue wages, written judgment, and protocol of attachment inspection;

1. Relevant Article 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act, and the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the arguments of this case.

-Crimes during the period of stay / Unagreement - The serious reflector / No previous convictions;

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