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(영문) 서울북부지방법원 2020.05.15 2019노2244
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It was true that the Defendant removed the written public notice attached by the victim (hereinafter “the written public notice of this case”) as stated in the facts charged of this case. However, since the written public notice of this case had an inappropriate expression that may damage the honor of the Defendant and cause misunderstanding to the occupants of C apartment (hereinafter “the apartment of this case”) and thus, the Defendant’s removal of it constitutes a justifiable act that is reasonable to the extent permitted by social norms.

Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which found guilty of this case.

B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 300,000) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles also asserted the same purport as the grounds for appeal in this part, and the court below rejected the defendant's above assertion on the grounds as stated in its reasoning. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below which found the defendant guilty of the facts charged in this case is just and acceptable, and there is no error of law by mistake of facts or misapprehension of legal principles affecting the conclusion of the judgment

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

1. The content of the instant public announcement is that the Defendant, who was the president of the council of occupants' representatives of the instant apartment, was procedural defect in the process of dismissing the chairman, etc. of the election commission of the instant apartment at that time, and the process of changing the management method of the instant apartment. In light of the content of the management rules of the instant apartment, etc.

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