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(영문) 울산지방법원 2016.06.03 2015고정1785

재물손괴

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the general secretary of the C Apartment Resident's representative meeting, and D ( South and 49 years old) is the head of the management office of the C Apartment.

The defendant and D have conflict in connection with the dismissal of the director of the management office and the procedures and results of the resolution to dismiss the chairperson of the residents' meeting.

On July 1, 2015, the Defendant: (a) around Ulsan-gu Office of Management of Seoul Apartment Complex around Ulsan-gu, Ulsan-gu; (b) on the ground that the procedures and result of the voting for the dismissal of the representatives of the residents' representatives organized by D were not legitimate, and (c) on the basis that they did not carry out their meaning among the meetings of residents on the grounds that they were not legitimate.

As a result, the defendant damaged the property amounting to 50,000 won in the market by shouldering the head of the office window owned by the representative meeting of the victim C apartment occupants.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Each investigation report [the defendant and his defense counsel argued that there is no fact that the defendant had a glass on the sidewalk, but according to the CCTV images recorded at the time of the present situation, the head of the window of the management office where one person at the time set up the sidewalk block, and the head of the CCTV in the management office was broken out, and the police officer E, F, and G, who observed the above situation at the time of the present situation at the beginning until the end of the present situation, category the defendant as a person with a news just on the same basis, and there is no doubt about the credibility of their statements, and thus, it can be sufficiently recognized the facts charged of the present case as the facts charged of the present case is admissible].

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;