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(영문) 대구지방법원 2013.11.06 2013고정1793

재물손괴

Text

Defendant shall be punished by a fine of 250,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendants shall be the chairperson of the Daegu Suwon-gu Residents' Representatives Association.

8 persons, including D, who are resident residents of the building C, shall establish an emergency countermeasure committee to the effect that “any question such as false academic background, defect repair, elevator construction, etc. shall be examined and legal measures shall be taken.” On January 14, 2013, eight persons, including D, who are resident residents of the building C, shall prepare a “public announcement of organization of an emergency countermeasure committee” in a quantity of A4 paper 1.

On January 15, 2013, the Defendant, the chairperson of the Emergency Countermeasure Committee, arbitrarily removed 8 copies of the “Public Notice of Organization of the Emergency Countermeasure Committee” attached on the bulletin board of the apartment complex with the approval seal of the apartment management office, and caused the damage by removing the “Public Notice of Organization of the Emergency Countermeasure Committee” in Chapter 64, including the removal of the public notice put by the victim on the bulletin board of the apartment complex by January 17, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Video data;

1. Application of Acts and subordinate statutes to organize and publicly announce emergency countermeasures;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

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