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(영문) 의정부지방법원 2017.06.08 2016고정1620
문서손괴
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

At around 10:30 on December 24, 2015, the Defendant: (a) received a public notice from the head of Yangju-si, which was disqualified for representatives from the head of Yangju-si; and (b) was excluded from the duties of the head of the management office by the said management office; (c) had the iron, long-term repair explanation, and management ledger of apartment-related apartment contracts managed by the head of the management office D in charge of the damaged party, and moved the door to the office used by him/her; and (d) caused the damage to its utility by correcting the door with locks to make it impossible for the said victim to see the said documents.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Statement of the witness D and E in the third public trial protocol;

1. Court rulings (Law No. 2015, Supreme Court Decision 1131)

1. The application of Acts and subordinate statutes to notify administrative matters following the organization of the committee for election management in apartments and the council for representatives of occupants (C apartment buildings) and to requests for cooperation in investigations;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was not only entitled to see the document of this case in the process of performing the duties of the representative, but also the defendant was able to freely access the key of the president’s office at any time, and thus, the defendant transferred the document of this case to the president’s office and corrected it.

Even if it does not constitute a crime of destroying documents.

2. The crime of destroying judgment documents is established by destroying or concealing documents owned by another person or impairing the utility of such documents by any other means, and the crime of destroying judgment documents includes not only converting the documents into a state in which they cannot be provided for the original purpose of use, but also temporarily converting them into a state in which they cannot be used (Supreme Court Decision 201Do145, Nov. 27, 201

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