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(영문) 인천지방법원 2014.03.14 2013노3027
문서손괴
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal is that a notice of the 19th council of occupants' representatives was posted without the consent of the management body, and the defendant, the general director of the council of occupants' representatives, was removed, and was given to an employee of the apartment management company.

In addition, the "written notice to submit a written request for installation of outdoor fitness equipment in a complex and a written request for re-Packing construction on the road" was posted without the consent of the management body, and it was related to the contents that did not undergo the resolution of the council of occupants' representatives, and the defendant was removed and stored to discuss it by the council of occupants' representatives.

Therefore, the Defendant had no criminal intent to destroy each of the above documents, and each of such acts is a justifiable act that does not violate the general director's duties and social rules of the council of occupants' representatives.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged:

① From April 10, 2013 to April 12, 2013, the management entity under the Housing Act and the above apartment management rules is E company, and the head of the management office of the above apartment is F company comprehensively accepted the management of the above apartment from the above company.

(2) The Defendant was a general director of the council of occupants' representatives at the same time.

③ On April 10, 2013, the chairman of the council of occupants’ representatives of the above apartment units D requested F to prepare and post a notice on the composition of executive officers of the council of occupants’ representatives at the 19th council on April 10, 2013, and on the 12th of the same month, “the letter of approval for the establishment of outdoor fitness equipment in the complex and the letter of request for construction for the re-Packing of the road asphalt,” and F required F to prepare each of the above documents as an employee of the above apartment management office, and required the said apartment

(4) When preparing and posting a document requested by the chairperson of the council of occupants' representatives, the F shall receive it in writing.

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