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(영문) 서울중앙지방법원 2014.03.27 2013고정2847

재물손괴

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the former female president of C apartment house.

On April 5, 2013, at around 12:15, the Defendant damaged property equivalent to KRW 70,00 of the market price by putting the banner posted on the factory site in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement made by witnesses D in the third protocol of the trial;

1. Statement made to D by the police;

1. D Fact-finding certificates;

1. Application of photographic Acts and subordinate statutes to a place where the defendant inflicts a banner;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. The defendant made several inquiries to the public officials of the jurisdiction office, and obtained permission from the public officials of the jurisdiction that the banner recorded in the facts charged is an illegally installed banner, so even if it is well installed, and the above banner is mistaken for not committing a crime, and the defendant cannot be punished on the ground that there is a justifiable reason for misunderstanding.

However, the following circumstances are revealed by adding the witness E’s statement in the third protocol of the trial of the evidence as seen earlier, namely, the Defendant asked the Seoul Gwanak-gu Office and the public officials E belonging to the Seoul Special Metropolitan City Office about the removal of the above banner by telephone prior to the acts written in the facts charged, and asked E to answer the purport that “the above banner is located in an apartment complex because it is an illegal facility, and the tool necessary for removal is borrowed to the community service center.” However, there was no permission or order from the above Gu office, and E was not in a position to permit or order the removal of the above banner, and even if so, there was an order or permission from the competent agency for the removal of the above banner.

Even if the removal should be done in accordance with the lawful procedure.