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(영문) 의정부지방법원 2015.08.27 2015고정1022
공무상표시무효
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 25, 2012, the enforcement officer B attached 93 copies of sexual harassment equivalent to KRW 17,980,000 in the market price at the F stores located in Seocheon-si E around January 25, 2012 and attached a seizure indication.

However, around February 14, 2012, the Defendant removed a seizure mark attached to 66 copies of the above goods from the above stores, and then sold them to H of the G operation located in Yangsan-si. On February 15, 2012, the Defendant continuously delivered and sold the remainder of 27 of the above goods to K of the J operation in Busan Metropolitan City, Busan Metropolitan City, IC in the same way as that of the above goods.

Accordingly, the defendant has harmed the utility of attachment and other compulsory disposition that public officials performed in relation to their duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on attachment of corporeal movables;

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

1. Relevant provisions of the Criminal Act concerning the crimes. Article 140 (1) of the Criminal Act (Selection of Fine)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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