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(영문) 서울동부지방법원 2014.03.27 2013고단3123
공무상표시무효
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of the (State) D in Gwangju City.

The Defendant, at the above (ju) D Factory, keeps the amount of KRW 8 million equivalent to the market price of 15 million per se, the amount equivalent to the market price of 15 million per se per the cut machine, and the amount equivalent to KRW 3 million per press.

The execution officer E of Sungwon District Court, upon delegation of enforcement by creditor F, seized the above goods at the above factory on January 8, 2013 and attached a seizure mark on the goods.

However, around July 2013, the Defendant: (a) disposed of at will an amount equivalent to KRW 26 million of the market price of the above goods with a seizure mark attached to the above factory; and (b) disposed of it outside the factory and discarded it; and (c) thereby, had the effect of the seizure mark that public officials performed in relation to their duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to inspection records of seized objects;

1. Article 140 (1) of the Criminal Act applicable to the crimes;

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

1. According to the court's decision on the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the goods legitimately seized pursuant to the court's decision on the reason of sentencing interfered with the exercise of legitimate judicial power by Defendant's disposal at will, and thus, the creditor suffered difficulties in recovering claims. However, the defendant led to confession and reflecting the crime, there was no record of punishment for the same kind of crime or punishment exceeding the fine, and the conditions of sentencing under Article 51 of the Criminal Act

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