재물손괴
The judgment of the court below is reversed.
Defendant
C shall be punished by a fine of 200,000 won.
Defendant
C does not pay the above fine.
1. Summary of grounds for appeal;
A. The text of the instant public notice contains false information that impairs the reputation of the council of occupants' representatives and women's councils by pointing out false information. The Defendants intended to post a notice to reflect the content of the public notice, but the management office did not approve the notice, thereby failing to post the notice, and the Defendants were arbitrarily removed the notice of this case.
Therefore, although the defendants' act of removing the notice is not contrary to the social norms and the illegality is excluded, the court below found the defendants guilty, there is an error of misapprehension of legal principles.
B. The sentence of the lower judgment against the Defendants on the grounds of unreasonable sentencing is too unreasonable.
2. Examining ex officio prior to the judgment on the grounds for appeal by Defendant C’s ex officio, Defendant C removed 4 copies of the written public notice owned by the victim and destroyed 4 copies of the written public notice, and the act of removing each of the above public notice constitutes concurrent crimes under the former part of Article 37 of the Criminal Act.
Nevertheless, since the judgment of the court below did not increase concurrent crimes against each of the above acts, the part against Defendant C in the judgment of the court below cannot be maintained any more.
However, the defendant's assertion of legal principles is still subject to the judgment of this court, despite the above reasons for reversal of authority.
3. Determination on the grounds for appeal
A. Determination of the misapprehension of the legal doctrine regarding the assertion of misapprehension of the legal doctrine also includes the content that defames the council of occupants' representatives or the female council.
Even if there is an objection to it, it is necessary to solve it in accordance with the rules of the apartment management or civil or criminal law, and it is not against the social norms to arbitrarily damage the property of others.