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(영문) 창원지방법원 2020.04.09 2019고단3750
공무상표시무효
Text

A defendant shall be punished by imprisonment for six 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

At the residence of Changwon-si B apartment, and the defendant of Changwon-si, the defendant kept goods worth a total of 3,680,000 won of market price, such as one chip cooling (defa), 4-person shock, 2-year shock, 1 cremation, 1 cremation, 1 washing machine, and 1 TV.

On July 16, 2019, the execution officer D belonging to the Changwon District Court attached the said goods at the defendant's residence and attached a seizure mark on the said goods, based on the original copy of the F Ccorporeal Movables seizure decision issued by the creditor E upon the delegation of execution by the creditor E.

Since August 2019, the Defendant, without notifying the police officer and the creditor of the first police officer and the creditor of the attachment, moved 7 articles, such as Kim Chang-si's G apartment, and H, with the attachment mark attached, to the Chang-si's window, thereby impairing the utility of the seized articles.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints and police statements to E;

1. Report on attachment of corporeal movables and report on impossibility of auction of corporeal movables;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The main sentence of 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.

Defendant acknowledges and reflects mistake.

The crime of invalidation of indication in the line of duty is not only hindering the function of indicating compulsory disposition, which is a part of the state's public power, but also seriously damaging the trust of the enforcement creditor's judicial system, and thus, it is necessary

The Defendant committed the instant crime by moving the seized object without reporting it in the course of directors.

However, the seized objects are not arbitrarily disposed of.

There are no criminal records of the same kind.

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