beta
(영문) 대전지방법원 2015.07.23 2014노3032

문서은닉

Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal by the Defendants, although there was a fact that the Defendants, claiming a misunderstanding of facts as to the concealment of documents as stated in the facts constituting a crime as stated in the judgment of the court below, have removed a notice “resident notice” (hereinafter “the notice mentioned in the preceding paragraph”) stated in the criminal facts A as stated in the judgment of the court below, such notice has been removed due to a problem in its contents, and has been placed in the management office. Therefore, there was no intention

The public notice on Defendant A’s assertion of misapprehension of the legal principles as to the concealment of documents in the facts constituting a crime as indicated in the judgment of the court below is likely to seriously infringe the honor of Defendant A, and falls under the case where it is impossible to preserve the claim by the legal procedure, and it is immediately removed by Defendant A, which constitutes an act of self-help and thus,

The Defendants’ assertion of misunderstanding of facts as to each document concealment as stated in paragraphs (b) and (c) of the facts constituting the facts stated in the judgment of the court below shall be as follows: “The public notice of the election of the representative president and the same representative candidate (hereinafter “public notice of paragraph (1)”)” as stated in Paragraph (b) of the facts constituting the facts stated in the judgment of the court below and the public notice of paragraph (3) stating the procedure for re-verification of the signature

There is no fact that the Defendants removed them. The crime of concealing documents under Article 366 of the Criminal Act, claiming a mistake of facts regarding the concealment of documents in the written statement of a judgment, is established by making it difficult or impossible to discover by making the whereabouts of another person’s possession document illegible, and thereby impairing the usefulness thereof, and the intention of acquisition is not required separately (see Supreme Court Decision 2003Do7533, Jan. 26, 2006; Supreme Court Decision 2003Do7533, Jan. 26, 2006; and the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely,, E, the head of the instant apartment management office,

참조조문