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(영문) 서울북부지방법원 2017.07.06 2017고정712

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative or a person who was in office and was in office of C Apartment 101.

The defendant changed the meeting minutes of the tenant representative meeting on October 19, 2016, which includes the excessive disbursement of construction expenses and the change of the meeting minutes of the tenant representative meeting. On October 19, 2016, the defendant decided to dismiss the defendant from the office of general affairs, etc., and the result of the tenant representative meeting was attached to the bulletin board, etc., the victim D (67 tax) and E (65) who participated in the above tenant representative meeting on November 2, 2016 in accordance with the collective housing management rules that the result of the tenant representative meeting should be disclosed to the bulletin board, etc. without delay, to the country around November 2, 2016.

On November 4, 2016, around 11:00, the Defendant: (a) sent each mail of Seongbuk-gu Seoul apartment building C, and each notice posted on the bulletin board, and (b) thought that the above notice posted on the elevator is insulting and unfair contents of the Defendant, and (c) sent a mail, approximately 40,00, a bulletin board, and an elevator, and a serial notice attached to the elevator, were arbitrarily collected, removed, and damaged the aesthetic property of the market price.

Summary of Evidence

1. Part of the legal statement that the defendant has collected the public notice given in the judgment;

1. A protocol of suspect interrogation of the accused by the prosecution (including the parts of each statement of D or E);

1. Each police statement made to D or E;

1. A complaint filed by D or E;

1. Details of the plan for the improvement of the rest room for security guards, etc., the results of the meeting of representatives of occupants (public notice of dismissal) during the seventh anniversary of October, the meeting of representatives of occupants for October, and the preparation of a false document;

1. Already (17 pages of investigation records);

1. CCTV images [the defendant and his defense counsel] asserted that the act of removing the written notice by the defendant is not illegal because it constitutes an urgent escape as it is for the restoration of the defendant's reputation. Thus, this court shall hold the following facts: