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(영문) 의정부지방법원 2017.09.29 2017고단3774
공무상표시무효
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On September 21, 2016, the Defendant: (a) under the “JJ” operated by the Defendant in Macheon-si on September 21, 2016, the enforcement officer affiliated with the same court was delegated the enforcement of BA, a creditor (No. 2016, No. 4557 of the same court); (b) seized the goods equivalent to KRW 42,130,000 at the market price of KRW 42,130,00 and indicated the purport thereof; (c) around January 5, 2017, the Defendant: (d) attached the attachment indication from the “J” without an execution officer’s approval; (d) attached 18 points to the goods BB, Defendant’s house or 501 of Dong 1, Dong 1501.

As a result, the defendant has harmed the effectiveness of the attachment indication that public officials performed in relation to their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to BA;

1. Application of Acts and subordinate statutes to each list of seizure, payment order, additional seizure protocol, and protocol of inspection of seized property;

1. As to the facts of the crime, the reason for sentencing of Article 140(1) of the relevant law and Article 140(1) of the Criminal Act (selected to imprisonment) of the Act on the Punishment of Crimes is considerable in value of property that the defendant has harmed the utility of marking of seizure, the defendant recognized his/her mistake and reflects the fact that the defendant has no record of punishment exceeding the fine, and the punishment is determined as ordered by taking into account various sentencing conditions, such as the defendant's age, sex behavior, motive, means and consequence of the crime

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