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(영문) 수원지방법원 2018.12.06 2017고정3369
재물손괴
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative of “B” manager.

On October 22, 2017, the Defendant destroyed the following methods: (a) around 14:00, the Defendant: (b) ordered the employees of the banner company to remove the “F” advertising sheet, board, banner, etc. equivalent to KRW 638,00 in the market price owned by the victim E (52 tax, leisure) of the interest of the tenant of commercial building D, which is attached to the 1st floor entrance and outer wall, and a rail.

2. According to the evidence duly adopted and examined by this Court, the Defendant’s commercial buildings indicated in the facts charged (hereinafter “instant commercial buildings”) around October 22, 2017, according to the evidence duly adopted and examined by this Court.

The manager of the commercial building shall be the F Advertising sets, board boards, banners, etc. (hereinafter referred to as “instant advertisements”) owned by the victim attached to the entrance, outside columns, and railing.

B The fact that the removal was made by the staff of the banner company is recognized.

However, in full view of all the following facts and circumstances revealed by the record including evidence duly adopted and examined by this court, it is reasonable to view that the Defendant’s removal of the advertisement of this case as stated in the facts charged constitutes a justifiable act under Article 20 of the Criminal Act, which constitutes a reasonable act under Article 20 of the Criminal Act.

(1) The Act on the Ownership and Management of Condominium Buildings (hereinafter referred to as "Act on Condominium Buildings")

Article 5(1) shall not engage in any conduct detrimental to the preservation of a building or against the common interests of the sectional owner with respect to the management and use of any other building.

Article 43(1) provides that, where a sectional owner commits an act under Article 5(1), the custodian, etc. may request the sectional owner to suspend such act or remove the result thereof for the common interest of the sectional owner.

A specific owner or possessor of a commercial building shall include a glass door or an external pole, a stairs rail, etc.

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