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(영문) 서울서부지방법원 2016.09.08 2016고정961
공무상표시무효
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 28, 2016, at the defendant's house located in Eunpyeong-gu Seoul Metropolitan Government around March 28, 2016, the Defendant arbitrarily removed the attachment indication attached to 9 points of the total market value of KRW 1.4 million, and moved it to the director's residence of the defendant in Eunpyeong-gu Seoul Metropolitan Government and the third floor E and the third floor of the defendant in accordance with the delegation of the creditor D based on the original copy of the mediation protocol No. 2015 money 4260 of the above court.

Accordingly, the defendant damaged or concealed the public official's seal or attachment or other compulsory disposition in relation to his duties, or harmed its utility by other means.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol (including attachment protocol of attached corporeal movables, seizure list) to D Acts and subordinate statutes;

1. Article 140 of the Criminal Act applicable to the crime, Article 140 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized his mistake and speaks against himself; (b) the Defendant has no record of being punished for the same kind of crime; (c) the instant crime cannot be deemed planned; and (d) some of the circumstances to be taken into account in the course of the crime; and (d) the obligee D wishes the Defendant’s prior domicile to the full bench; and (b) the Defendant partially reduced the amount of fine prescribed in the summary order and determine the sentence as ordered by the order.

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