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(영문) 수원지방법원 안양지원 2019.08.29 2019고단1071

재물손괴

Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The summary of the facts charged is a resident of the apartment house B (hereinafter referred to as “the apartment of this case”).

On October 9, 2018, around 07:54, the Defendant stated in the written indictment that the written indictment for the representative of occupants of the victim, who was attached to his/her wall in the above apartment Cdong D D D, shall be deemed to be a clerical error in the chairperson of the occupants' representative meeting, but shall be deemed to be a clerical error in the written indictment.

(See Investigation Record 227 pages). The following was written: (a) The result of the council of occupants' representatives' representatives' representatives' representatives' representatives' resolution to dismiss the auditor with the consent of a majority of the council of occupants' representatives pursuant to Article 20 of the Management Rules shall be removed without permission; (b) the defendant's office located in the same apartment E-family unit shall be removed, and (c) the representative and each Dong representative shall be combined with each other as soon as possible with the above public notice. The representative shall be granted ex officio by the tenant with the opportunity to explain with the necessity of the consent of the resident and the relative opinion without the explanation of the cause; and (d) it shall be attached to the elevator wall by stating that "the situation where the Kingdom of the representatives of the occupants is going to serve as the member of the council of occupants' representatives," and at least 08:35 of the same day, it shall be deemed that the application for suspension of business and provisional disposition

2. Determination

A. We examine the facts that the Defendant stated his opinion in the public notice of this case, such as the facts charged.

B. The phrase “act that does not contravene the social norms” under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms, and therefore, it satisfies the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the protected interest and the infringed interest, urgency, and any other means or method other than the act.

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