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(영문) 수원지방법원 안산지원 2020.05.13 2020고정122

문서손괴

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the member-gu B apartment C Dong in Ansan-si, and the victim D shall be the representative of the B apartment occupant.

1. On October 4, 2019, the Defendant suffered property damage: (a) around 08:13, 2019, a written public notice of “public notice of the result of the 14th regular meeting of the council of occupants’ representatives” prepared under the name of the president of the council of occupants’ representatives attached to the above apartment C-dong elevator in the name of the chairman of the council of occupants’ representatives; (b) the Defendant made a public notice of “public notice of the result of the 14th regular meeting of the council of occupants’ representatives,” which was made in the name of the chairman of

2. From October 25 to 26, 2019 to around October 25, 2019, the Defendant: (a) around October 25 to 26, 2019, a written public notice of “public announcement of non-voting of the 7th special meeting of the council of occupants’ representatives” prepared in the name of the victim attached to the said B apartment C elevator within the said B apartment C elevator; and (b) the Defendant removed it from the public notice that it would not be deemed that the Defendant was dissatisfied with the contents posted three consecutive times at the said meeting of the representatives; and (c) thereby, the Defendant

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Data to be submitted by a suspect (two copies of a public notice collected by a suspect);

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant and his defense counsel may remove the public notice as stated in the crime, but the public notice contains false facts that could seriously impair the defendant's reputation. Thus, the defendant's act constitutes a justifiable act that does not violate the social rules of Article 20 of the Criminal Act.

The defendant's act constitutes a justifiable act under Article 20 of the Criminal Code.