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(영문) 울산지방법원 2018.04.20 2018고정9
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 1, 2016, the Defendant was elected to the Chairperson of the Council for Representatives of Residents of B Apartments, and on April 21, 2017, the Defendant was dismissed on May 29, 2017 by a resolution requesting the process of dismissal of the Council for Representatives of Residents on April 21, 2017. The victims are election management members.

1. On May 16, 2017, the Defendant maintained its utility by removing a notice of “the result of the meeting of the 5th apartment management committee” in the name of the chairman of the 5th apartment management committee, “the meeting of the 5th apartment management committee,” and “the meeting of the 5th election management committee” in the name of the chairman of the 5th apartment management committee attached to B apartment security guards around May 15, 2017 by the damaged party on the bulletin board of the said elevator and the entrance bulletin board.

2. On May 17, 2017, the Defendant maintained its utility by removing “public notice of the result of the meeting of the Committee for Management of Apartment Housing 5,” in the name of the chairperson of the Committee for Management of Apartment Housing 5, which was attached through B apartment security guards on May 17, 2017, in the name of the damaged party on B apartment C Dong, D, Dong, E, F, G, Dong, H, H, Dong, I, Dong, and J Elevator bulletin board and the entrance bulletin board.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A report on investigation (B Rules on Management of Apartment Buildings, records of the representatives of occupants, etc.), and a report on investigation (B CCTV images) (applicable to the Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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