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(영문) 의정부지방법원 고양지원 2016.01.21 2015고단3105
공무상표시무효
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From May 6, 2013 to July 201 of the same year, the Defendant appears to have sold 50,000 won per household (50,000 won per annum) equivalent to 2,6160,000 won per annum in sequence to customers who find out the above furniture store on April 30, 2013 by enforcement officer C at the Seoul Central District Court Decision 2013 to May 6, 2013.

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 against D;

1. Application of Acts and subordinate statutes to attached documents (the document of the decision of seizure of claims, the document of seizure of tangible movables, the document of public announcement of sale of tangible movables, etc.);

1. Relevant Article 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see the reasoning for sentencing) is that the Defendant’s act arbitrarily disposes of 2,6160,000 won of households owned by the Defendant from the court for a period exceeding two years, even though the Defendant was subject to seizure of the households owned by the Defendant, thereby impairing the effectiveness of the public official’s compulsory disposition with respect to his/her duties. The Defendant’s act is to distort the State’s civil execution procedure, and at the same time, is not against the law that actually causes damage to creditors.

However, in consideration of the fact that the defendant's mistake is recognized and divided, there is no more severe punishment than a fine between 30 years, and that the defendant seems to have sold the above households to maintain his livelihood due to economic difficulties, the execution of imprisonment is to be enforced as above.

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