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(영문) 대구지방법원 2017.10.26 2017노1193

자격모용사문서작성등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) Of the facts charged in the instant case, Defendant A1 had authority to do so according to the apartment management rules, and Defendant believed that the public announcement of invalidation of the election of the Election Management Commission was made without authority, and thus did not have such authority intentionally.

As to Article 1-b, since B was leading the tenant representative meeting around that time, the defendant did not participate in the meeting and affixed a seal thereto.

2) The punishment sentenced by the lower court (eight months of imprisonment, two years of suspended execution) is too unreasonable.

B. The punishment sentenced by the court below (six months of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. Determination as to Defendant A’s assertion of mistake of facts and misapprehension of the legal principles 1) Determination as to Article 1(a) of the facts charged by the lower court based on the evidence duly examined and adopted by the lower court, i.e., the following circumstances acknowledged by the relevant court, namely, that the F was elected as the legitimate chairperson of the occupants’ representative meeting. As such, Defendant A lost its status upon expiration of the term of office on December 31, 2014, and Defendant A was entitled to perform duties under Article 21(4) of the

The defendant believed that the decision to invalidate the election of the Election Management Commission was not possible, and that the defendant believed that the election was invalidated.

Even if the defendant was fully aware that there was a procedural problem by participating in the election as the chairperson of the tenant representative meeting at that time.

The election of F was held on November 28, 2014, and the Election Management Committee recognized the violation of F's Election Management Regulations on December 5, 2014 and decided to invalidate registration on December 8, 2014, but thereafter, obtained a candidate registration on the premise that F is the representative of each building lawfully elected on December 19, 2014, and made a public announcement on the result of voting that F is the representative of each building, but only on January 8, 2015, the election of the representative of each building and the chairperson of the election of F were invalidated);

F shall make a decision to nullify an election.