문서손괴
The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended separately.
1. Although the Defendants’ act of removing the written notice of each of the facts charged in the instant case does not constitute a justifiable act under Article 20 of the Criminal Act, the lower court acquitted the Defendants by misapprehending the legal doctrine as to a justifiable act.
2. Determination
A. Defendant A was the president of Songpa-gu Seoul Metropolitan Government D apartment (hereinafter “instant apartment”), and Defendant B is the above apartment resident.
(1) At around 12:00 on March 27, 2012, Defendant A removed a written public notice in the name of F of the chairman of the said apartment election commission (hereinafter “the first public notice”) under the title “126 representative of each Dong” attached to the said elevator from the said elevator to its effect.
⑵ 피고인 B은, ㈎ 2012. 3. 27. 14:08경 ⑴항 기재와 같은 장소에서 같은 방법으로 위 아파트 선거관리위원회 위원장 F 명의의 위 공고문(이하 ‘이 사건 제2공고문’이라 한다)을 손으로 떼어내어 그 효용을 해하고, ㈏ 2012. 3. 27. 17:14경 ⑴항 기재와 같은 장소에서 같은 방법으로 위 아파트 선거관리위원회 위원장 F 명의의 위 공고문(이하 ‘이 사건 제3공고문’이라 한다)을 손으로 떼어내어 그 효용을 해하였다.
B. The lower court’s judgment: (a) The instant apartment consists of 72 units, 5,678 units, and G is the representative of the instant apartment building 126 units, and G is the chairman of the council of occupants’ representatives of the instant apartment building (hereinafter “council of occupants’ representatives”); and (b) the chairman of the instant apartment election commission (hereinafter “election commission”); and (c) Defendant A is the chairman of the instant apartment election commission (hereinafter “election commission”); and (d) from June 9, 201 to June 126, 201, the instant apartment is the occupant of the instant apartment and the female council of the instant apartment.
A person elected as the chairperson of the Council, and the defendant B consented to the apartment of this case 126.