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(영문) 인천지방법원 2018.10.19 2018고정1979
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 13, 2017, at around 23:00, the Defendant arbitrarily removed “the notice of the result of the second temporary occupant representative meeting” in the name of the chairperson of the victim C apartment occupant representative meeting attached to the above apartment management complaint, and had its utility in the case of the Defendant’s residence in Seo-gu Incheon Metropolitan City C apartment, 606 Dong 4-5 Dra.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Statement made by the police against D;

1. The defendant asserts that D's written complaint [the defendant's act of removing a written notice is a justifiable act.]

Although the public notice carries a penu that defames the defendant's wife as a whole, and explicitly expresses the contents that must be true, it is difficult to see that the public notice notice itself is unlawful by disclosing the results of the resident representative meeting pursuant to Article 30 (2) of the Management Rules.

Defendant was able to protect his spouse’s honor by posting rebuttals or disputing the legitimacy of the reason for dismissal in the process of dismissal.

I seem to appear.

It is found that it has the reasonableness of the means or methods to remove the notice arbitrarily without due process of remedy.

It is difficult to see it]

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the Criminal Act;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Criminal Code (the public notice indicates the actions of the Defendant’s wife who cannot be recognized as the Defendant’s wife, and the content concerns the residents’ negative perceptions about the Defendant’s wife, and thus, deeming that the public notice is attached was considerably string.

Such motives are considered, and the damage of the defendant caused by the act of the defendant is minor.

In addition to the fine for violation of the Illegal Check Control Act for about 20 years.

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