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(영문) 서울중앙지방법원 2013.10.18 2013고단778
공무상표시무효
Text

The defendant shall be innocent.

Reasons

1. Facts charged and the defendant's assertion

A. The Defendant in the facts charged owned 19 points of goods worth 5,50,000 won (hereinafter “instant goods”) at the cafeteria of “D” in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant cafeteria”).

The enforcement officer E affiliated with the Seoul Central District Court was entrusted by the creditor limited liability company F (hereinafter referred to as the “F”), and attached the instant objects at the instant restaurant on November 3, 201 by means of the original copy of the seizure decision of corporeal movables in the same court.

However, around May 2012, the Defendant, at the instant restaurant, removed without permission a seizure label attached to the instant goods, thereby damaging the seizure label that public officials performed in connection with their duties.

B. From January 201, the Defendant asserted that the instant restaurant was operated by G and the instant restaurant, but in fact the G mother operated it, after July 201, the Defendant did not know at all the point of view of the execution of the attachment, as the business assistant did not fit the instant restaurant. On May 16, 2012, F was aware of the fact that the attachment was executed only when he filed a complaint with the Defendant, and there was no sign of removal of the attachment marking by the Defendant.

2. The judgment of this Court

A. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① on November 3, 201, the date of execution of the seizure, the day before and after the enforcement of G’s cell phone and the Defendant’s cell phone, a total of eight-time text messages were exchanged between G’s cell phone and the Defendant’s cell phone (in most cases, the base station near the instant restaurant), and four-time telephone between G cell phone and the telephone located in the instant restaurant; ② the instant items are materials of the nature that are essential and always not always connected to the operation of the restaurant, such as calculating, cooling, cooling, sprinking, disinfection, audio, and table table, and ③G in this Court.

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