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(영문) 의정부지방법원 2021.02.03 2020고단2345
공무상표시무효
Text

Defendant shall be punished by a fine of one million won.

However, the execution of the above fine for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B On November 14, 2018, D Co., Ltd. contracted “E New Construction (Construction and Civil Engineering)” to D Co., Ltd. operated by C, and Defendant Co., Ltd has worked as an employee of the said B Co., Ltd. as a site warden in the said construction site located in F at Seoyang-si.

G with the delegation of the enforcement of D Co., Ltd., a creditor for the said B Co., Ltd., G attached the horizontal beam beam and removal poppy straw, located at the construction site located in the above F on October 28, 2019, based on the original copy of the decision of provisional seizure of tangible movable property of Suwon District Court 2019Ka 63782.

On December 12, 2019, the Defendant sold the seized article to I located in H in Yangyang-si, Namyang-si, and treated it again, thereby impairing the effectiveness of the seizure indication.

Summary of Evidence

1. Statement by the police against the defendant in the court (as at the second public trial date)

1. Determination on the disposal of the place of possession, display photographs of duties, and photographs of each site, of the movable property, transfer of possession, and disposal thereof;

1. Investigation report (Submission of a report on inspection of provisional injunction against corporeal movables) and application of statutes on the inspection of provisional injunction against corporeal movables;

1. Article 140 (1) of the Criminal Act applicable to the relevant criminal facts and Article 140 (1) of the choice of punishment;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act to be taken into account in the circumstances leading up to the instant crime. The decision of provisional disposition of this case was revoked after the fact that the Defendant had no record of punishment prior to the instant crime, and the Defendant was a primary offender who had no record of punishment prior to the instant crime, and other various sentencing conditions indicated in the instant records and arguments, including the Defendant’s age and character, personality and conduct, family relationship, motive and means of the instant crime, and circumstances after the instant crime, shall be determined as ordered by comprehensively considering the following factors.

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