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(영문) 전주지방법원 2016.09.08 2015고단652
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

The Defendant is the representative director of the “D Golf Course” located in Kim Jong-si.

The Defendant owned 109 points of goods, such as the list in the attached list of crimes, including pine trees 13glus in D golf course.

Enforcement Officers E of the Jeonju District Court attached the said goods at the above golf course on August 14, 2014 in accordance with the original copy of the decision of seizure of corporeal movables, No. 2013hap18 of the said court upon delegation of the enforcement of creditor F, and attached a seizure mark on the goods.

On August 27, 2014, the Defendant removed without permission a seizure mark attached to the above goods for operating a golf course at the above golf course.

Accordingly, the Defendant damaged the attachment indication that public officials performed in relation to their duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and G;

1. The police statement concerning F;

1. Application of the extradition execution protocol, report on attachment of corporeal movables, seizure indicating pictures, and statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 140 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2 of the Social Service Order Criminal Act

1. The summary of the defendant's and his defense counsel's assertion (1) of seizure must be seized when the debtor's corporeal movables owned by the debtor are seized. Although the debtor's possession can be easily known that they are others' articles, seizure should not be effected.

However, since enforcement officers knew that corporeal movables are not owned by the debtor but owned by the non-party company, they are legally null and void seizure.

In addition, the secured claim of corporeal movables is the right to return the security deposit.

However, the instant golf course is a public golf course, and there is no room for the establishment of the rights of members and members protected by Article 27 of the Installation and Utilization of Sports Facilities Act, etc.

A defense counsel.

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