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(영문) 의정부지방법원 2017.06.15 2017고정412

재물손괴

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 2, 2016, the Defendant refused to post the above documents on the apartment bulletin board even if he received a request from the victim D, the chairperson of the representative council of occupants of the apartment building, on May 31, 2016, to post the minutes of the council of occupants' representatives, the notice of the selection of the housing management agency (emergency) and the mail proving the contents thereof on the apartment bulletin board, and thereby undermining the utility of the above documents managed by the damaged party by ordering the employees to post them on the apartment bulletin board.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police preparation and statement of D, accusation, minutes of a meeting of occupants' representatives, public announcement of the selection of housing management business entities, and proof of the details thereof;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, the crime of this case where the defendant, who is the chairperson of the council representing occupants, removed the minutes, etc. of the council representing occupants of this case where the victim, the chairperson of the council representing occupants of this case, and caused its utility to the point that the crime of this case is not less than the standard of punishment in light of the contents and methods of the crime, etc., the victim did not recover the agreement or complete damage up to the present day, the crime of forging a private document, etc., which had been punished twice due to the crime of forging a fine, etc., and the amount of the general punishment in the same and similar cases is balanced, and the defendant's age, sexual behavior, intelligence and environment as shown in the argument of this case, the motive and background, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations