폭력행위등처벌에관한법률위반(공동재물손괴등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In fact, the representative of the D clan claiming mistake is appointed as E, and even though the resolution of the general meeting to remodel the first floor of the F Burial Station, which is the property of the said clan, was adopted, H who misrepresented the representative of the clan, replaced the correction device of the suspender of the said building without authority. The destruction of the building of this case for the purpose of opening the correction device for remodeling work by the Defendant, etc., who is the agent of E, is a legitimate act corresponding to H’s unlawful management activities due to considerable acts that are acceptable in light of social norms.
Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the facts charged.
B. The lower court’s punishment (2 million won in penalty) is too unreasonable in that it is too unreasonable to deem the sentencing to be unfair.
2. Judgment on the assertion of mistake of facts
A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below.
(i) was similar to the clan of this case.
H, as a representative of a clan on July 8, 2015, concluded a lease agreement with G during a period from July 8, 2015 to July 8, 2017 with respect to the instant building, which is the victim clans owned by G, as stipulated under a special agreement prohibiting sublease.
B. On November 30, 2014, H filed an application for the suspension of his duties with the purport that the resolution of similar appointment was null and void on November 30, 2014 with respect to H of the instant clan as the head of Suwon District Court’s Sung-nam Branch of the Suwon District Court (2016Kahap 50141, and that H’s resolution of similar appointment was null and void, and H voluntarily resigned from the status of the representative of the clan, and the said application for provisional disposition was withdrawn.
Fidelity H was selected and appointed as the representative of a clan at the general meeting held at the JJ on November 2, 2016, and opposed to the election of the representative.
E, etc. shall hold a clan general meeting separately from the K cafeteria around 15:00 on the same day and select E as the representative of the clan of this case at the above general meeting.