재물손괴
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The defendant is a resident of the apartment of this case, and there is a question or objection in accordance with the contents of each of the notices of this case posted in the elevator of this case. Thus, the defendant is not guilty of causing property damage, since he merely removes each of the notices of this case from the victim D, who is the head of the management office of the apartment of this case, to ask a question.
Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged in the instant case is as follows: (a) around 16:15, January 18, 2012; (b) around 106, the Defendant opened an advertisement attached on the victim D’s bulletin board, which is the head of the management office of the instant apartment; (c) brought him/her to his/her house; and (d) around 10:49, April 5, 2012; (c) removed a notice on the elevator bulletin board attached by the victim on the elevator at the aforementioned place; (d) around 13:40, April 27, 2012; and (e) removed a notice “public notice” attached by the victim on the elevator bulletin board (i.e., an occupant’s opinion, etc. on an entrusted management contract): (d) brought him/her to his/her house; and (e) removed a notice on the elevator bulletin board on May 15, 2012; and (e) removed the notice on his/her own.
As a result, the defendant removed each notice, which is the property of the victim, and transferred the relevant information to other residents in a way that opens the notice.
B. The lower court found the Defendant guilty of the instant facts charged in full view of the evidence duly admitted.
(c).