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(영문) 부산지방법원 2018.12.14 2018노2631
문서손괴
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, as an election management member of the Busan Northern-gu apartment C apartment (hereinafter “the apartment of this case”), removed a false public notice attached without the consent of the president of the resident representative council and the director of the management office, as the Defendant is the election management member of the Busan Northern-gu Seoul Northern-gu apartment of the apartment of this case (hereinafter “the apartment of this case”). Thus, the Defendant’s act constitutes a justifiable act that does not go against

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. Even if the sentencing was found to be guilty against the Defendant, the lower court’s punishment (amounting to KRW 300,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant and the defense counsel at the lower court asserted the same as the grounds for appeal of this case, and the lower court rejected the above assertion by providing a detailed statement on the judgment under the title “determination of the Defendant and the defense counsel’s assertion”.

Examining the above judgment of the court below in detail with the records, the judgment of the court below is just and there is no error of law by misunderstanding facts or by misunderstanding of legal principles as alleged by the defendant, which affected the conclusion of the judgment

We do not accept the Defendant’s factual mistake and misapprehension of legal principles.

B. As to the wrongful argument of sentencing, the fact that the Defendant was punished for various types of crimes, and the Defendant did not seem to have an attitude against the instant crime is disadvantageous.

However, the crime of this case is to remove the notice unilaterally prepared and posted in the F’s process of opposing the F’s legitimate tenant representatives’ power by proxy, and there are some circumstances to consider the circumstances, and the defendant removed the document.

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