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(영문) 수원지방법원 성남지원 2021.02.05 2020고단4007
공무상표시무효
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant owned 17 points of the total market value of KRW 5,330,000, including one cooling house and one unit at the Defendant’s house located in Seongbuk-gu apartment B apartment house C in Seongbuk-gu, Sungnam-si.

On September 7, 2018, the enforcement officer D, who belongs to Sungnam branch of Suwon branch, seized the above articles in accordance with the original copy of the decision of seizure of movable properties, which was delegated to creditor E by creditor E, and attached a seizure mark on the articles.

However, on March 2019, the defendant removed a seizure mark attached to the above articles from the defendant's house, and then disposed of it, thereby impairing its utility.

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 for E;

1. Application of Acts and subordinate statutes to a report on inspection of seized objects and a report on seizure of tangible properties;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to undermine the State's compulsory disposition function by impairing the utility of the attachment indication, and thus, the criminal liability is not weak.

The fact that the defendant does not have a certain value of the subject matter of the attachment indication that has impaired the utility is disadvantageous.

However, the fact that the defendant appears to reflect the wrong, that the defendant has no record of being punished for the same crime, and that there is no criminal record exceeding the fine after 2012, etc. shall be considered as favorable circumstances.

In addition, the sentence shall be determined as per the disposition, comprehensively taking into account the various circumstances that form the conditions for sentencing as shown in the records, such as the age, sex, environment, and circumstances after the crime.

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