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(영문) 서울동부지방법원 2013.09.06 2013고정1835

재물손괴

Text

Defendant

A shall be punished by a fine of 20,000 won.

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

The Defendants are union members of the Cnoop D branch.

1. On May 30, 2013, around 22:43, Defendant A removed and destroyed a public notice stating that “The progress report relating to the decision to nullify the election of the G elected,” in the name of victim F, the chairperson of the election management committee, which was attached to the one-story stop wall of the branch office in Songpa-gu Seoul, Songpa-gu, Seoul, was unlawful.”

2. On May 31, 2013, Defendant B removed and damaged a written public notice of “the progress report pertaining to the decision to nullify the election of the G elected candidate” posted by the victim F at the above location, as seen above, at around 11:00.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to filing a complaint and public notice;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Defendant B to suspend the sentence: Fines of 200,000 won;

1. Defendants to be detained in the workhouse: Articles 70 and 69 (2) of the Criminal Act (amount per day converted: 50,000 won);

1. Defendant B of suspended sentence: Article 59(1) of the Criminal Act (Taking into account various circumstances, including the motive and background leading up to the instant crime, the progress of the relevant provisional disposition case, and the age, character and conduct, living environment, economic circumstances, criminal punishment power, etc. of the Defendant);

1. Defendant A of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;