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(영문) 서울중앙지방법원 2018.01.24 2017고정2851

재물손괴

Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. On November 30, 2016, Defendant B removed and destroyed an election-related notice, “public notice of disciplinary action against the Defendants and the position of the Central Election Management Committee for the Central Election Management Committee for the 32th General Graduate Schools (hereinafter “victim’s First Instance”) on the Seoul D University E, F, new engineering, academic museum, criminal class, cultural art group, G, and H bulletin board of the victim D University.”

2. On December 1, 2016, Defendant A removed and damaged the public notice text of this case posted on the 1st floor corridor, which was the first floor of the law of D University, around December 13:30, 2016.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made to I by the police;

1. Public announcement of disciplinary action and entrance door;

1. Application of Acts and subordinate statutes to each public notice damaged field photographs;

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

1. 50,000 won for each penalty for which a sentence shall be suspended; and

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. As seen below, the Defendants and the defense counsel’s assertion on the Defendants and the defense counsel’s assertion that the Defendants committed the instant crime, including the circumstance leading up to the instant crime, including the fact that the Defendants’ act is deemed to constitute a justifiable act, but the victim’s captain, who notified the Defendants through the instant public announcement, committed a serious defect that could have been unable to invalidate the election, etc.) under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1548, Apr. 1, 2006). The Defendants posted the instant public announcement stating that the victim’s captain was deprived of his eligibility as a candidate for the Defendants without undergoing lawful requirements and procedures, and the Defendants’ removal of

The term "act which does not contravene social norms" as stipulated in Article 20 of the Criminal Code shall be the spirit of the entire legal order or the social ethics being behind it.