Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

The defendant is the managing director of the Gu apartment B, and the victim C is the person who is the managing member of the above apartment house.

On October 30, 2019, the Defendant, at around 20:00, ordered E to collect 10/10 of the notice to request the dismissal of the above apartment security guards, who had been put in each household box installed on the first floor of the above apartment D, to collect 10/10 of the notice to the above apartment security guards, and ordered E to collect and discard the notice in each household mail of the above apartment. The Defendant damaged the documents owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of E and C;

1. Application of a notice of CCTV image data to the statutes;

1. Relevant Articles 366, 34 (1) and 31 (1) of the Criminal Act, the choice of a fine for the crime, and the choice of a fine for the crime;

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

1. There is a fact that the defendant alleged as to the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act orders the security guards to collect notice.

However, the head of the management office or security guards may collect illegal inducements in accordance with the management rules, which is not subject to criminal punishment as a justifiable act.

2. Determination

A. Article 35(6) of the Management Rules of the apartment of this case provides that "where the Election Commission causes damage to occupants, etc. due to neglect of duties, unfair election management affairs, etc., it may request the head of the management office to dismiss all election management members with written consent of at least 3/10 of all occupants, etc., by presenting objective evidentiary materials therefor," and Article 35(7) provides that "the head of the management office requested to proceed with the dismissal procedure under paragraph (6) shall provide at least 3/10 of the written consent of at least 3/10 of the whole occupants, etc.,