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The defendant's appeal is dismissed.
Reasons
1. The fact that the defendant's judgment on the grounds for appeal of this case is contrary to the recognition of the crime of this case, that there was no record of punishment for the same kind of crime prior to the instant case, and that there was no criminal record exceeding the fine, and that D, an execution creditor, can be seen to recover part of the amount of claims, etc., are considered favorable to the defendant.
However, the crime of this case is a case where the Defendant arbitrarily disposed of and concealed the ginseng that was issued a custody order by an execution officer in accordance with the court’s decision of seizure of corporeal movables, and this is an act impeding the exercise of legitimate judicial power, and there is a need to punish the corresponding punishment. The amount of the claim that D, the execution creditor, still remains. The market price of the ginseng that the Defendant disposed of at will in violation of the order of preservation is 7,668,00 won, and the Defendant used the ginseng sales proceeds disposed of for personal purposes other than the repayment of the obligation to the execution creditor. Considering the various sentencing conditions indicated in the records, such as the Defendant’s age, character and character, family relationship, circumstances of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment (ten months of imprisonment, two years of suspended execution, two years of community service, and 80 hours of community service
2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.