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(영문) 서울남부지방법원 2016.05.11 2016고정137

폭력행위등처벌에관한법률위반(공동재물손괴등)

Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the head of the Ctel emergency response committee management team, and the defendant B is the vice-chairperson of Ctel emergency response committee.

On October 16, 2015, at least 15:30 on October 16, 2015, the Defendants jointly deducted 190 copies of the management fee notice issued under the name of the management office by the victim E (60 years old) upon delegation of the duties of the representative D manager of the management unit C, from 190 copies of the management fee notice issued by the victim E (60 years old) in each mail.

In this regard, the results of the inspection could not be used for the purpose of the non-management straw, such as taking them into the straw in the straw.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement protocol with victims E;

1. Investigation report (in the event of a crime filed by the victim, accompanying video CDs), decision on provisional disposition (Seoul High Court 2015Kahap2), etc. [the Defendants shall deduct the Defendant from the notice of management expenses as stated in the facts constituting a crime under the direction of the Steering Committee.]

Although it was alleged to the effect that it constitutes a justifiable act, the following circumstances, which were acknowledged by adding up the evidence as stated in the judgment, such as the owner of the notice of management expenses or the right to dispose of the management expenses as the owner of the notice, could have lawfully directed the Defendants.

As such, the Defendants’ assertion cannot be seen to be acceptable.

Application of Statutes

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 366 of the Criminal Act; Selection of each fine, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;