beta
(영문) 서울동부지방법원 2017.02.07 2016고정2052

재물손괴

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the Dong representative of Seongdong-gu Seoul Metropolitan Government 204 apartment building C, and the victim D, who is a member of the Dong representative of the above apartment building, was dissatisfied with his/her intention to hold the residents' general meeting without his/her consent.

On June 21, 2016, from around 09:00 to around 10:00 on the same day, the Defendant removed a total of 12 copies of the "Public Notice of Resident's General Meeting" attached by the said victim inside the entrance of the said apartment and on the bulletin board of the entrance.

Accordingly, the defendant has damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police against D;

1. The written public notice of the residents' general meeting [the defendant is deemed to have not sufficiently discussed the contents of the public notice in question as it is deemed necessary to re-examine and remove it as a legitimate act. However, the contents of the notice in question are merely the contents of holding the residents' general meeting on June 26, 2016, and if there is a problem in the procedure as the defendant asserts, if there is a problem in the procedure, it can minimize the infringement by attending the relevant residents' general meeting and making resistance against it, it cannot be deemed that the defendant's damage to the public notice in question constitutes a justifiable act.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime. Article 366 (Selection of Penalty Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;