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(영문) 서울중앙지방법원 2018.03.22 2017고단7540
공무상표시무효
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 14, 2014, in order to attach 10 points of goods, such as deposit air conditioners, which are equivalent to KRW 59,650,00,00 of the total appraised value in the above business site under the payment order order of Seoul Eastern District Court 2014, the Seoul Eastern District Court 2014.

On December 2, 2014, the Defendant removed, without permission, the above attachment labeling at the same place, and transferred all the goods to G at the same place as on May 2015.

Accordingly, the defendant has impaired the utility of the indication of the compulsory disposition by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on seizure of tangible movables;

1. A report on the inspection of seized objects (2014 main body 4870);

1. Attachment list (this Chapter 4870), applying Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) even though the Defendant clearly perceived the attachment labelling of the goods on the criminal facts, the Defendant arbitrarily removed the attachment labelling without due process; and (b) he/she transferred the goods to another place; and (c) the assessed value of the above attachment labelling goods is not much than KRW 59 million, a sentence of imprisonment shall be chosen.

However, the defendant had not owned the above seized articles.

In fact, at the time the above attachment indication was made, a third party asserts the ownership of the seized goods, and some high-priced goods are deemed to have been the object of lease, the defendant's mistake is recognized as the first offender who has no record of criminal punishment and reflects his fault, and other various sentencing conditions as indicated in the arguments in this case are added to the community service work as ordered.

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