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(영문) 서울중앙지방법원 2020.08.12 2020고정458

재물손괴

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On August 21, 2019, at around 15:44, the Defendant removed three parts of the market price in the name of B building, in which the victim C, who is in charge of asset management of B building on the first floor of the Seoul Jung-gu Seoul Metropolitan Government, stated the “D, guidance for termination of the contract, and request for eviction” attached to the free door of the first floor of the B building, thereby impairing the utility of the property owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. C’s statement;

1. Where the suspect opens a written public announcement, a CCTV image photograph of the head of the Myeon;

1. Guidance for and outline of termination of the contract;

The defendant and the defense counsel stated that the defendant's act constitutes a legitimate act and thus the illegality of the defendant's act is excluded. The defendant's act is not a lessor or management company's name, but a public announcement letter in the name of B building was issued by the order of the defendant to remove illegal notices. Since the victim caused an illegal act to be attached to a public space, the defendant's act constitutes a legitimate act.

However, according to the above evidence, the first floor of B building is a space where the scope of management of the company to which the defendant belongs, and the representative of the defendant or the defendant company was aware that the notice of this case was attached to the legitimate manager of B building, and the defendant company was partly lessee of B building, and the defendant company was subjected to the provisional disposition prohibiting the transfer of real estate possession due to the dispute over the termination of the lease contract between the lessor and the lessee, and the written notice of this case is written on the lessor's position on the dispute over the law.

In light of the above circumstances, the victim cannot be deemed to have attached a written public announcement stating false facts, and the defendant who has no authority to remove the written public announcement shall not follow the due process.