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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2019.06.13 2019노89
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant is the Mapo-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) through the guard team leader.

(2) The contents of the instant notices were false facts that undermine the honor of the Defendant, and there was no procedural justification, such as not obtaining the consent of the Director of the Management Office, and the Defendant posted the instant notices to allow the victim’s mother to be elected in the election of the chairman of the council of occupants’ representatives.

Therefore, it was necessary for the defendant to remove it immediately, and accordingly, the above notice is removed, so it constitutes a legitimate act.

3) Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine regarding the Defendant’s crime of destroying and damaging the Defendant’s property. B. The lower court’s sentence of unfair sentencing (a fine of KRW 700,000) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. According to the evidence duly adopted and examined by the lower court on January 15, 2017, the Defendant ordered the head of the guard team E and J of the instant apartment on or around 9:20 on January 15, 2017 to remove the instant notice, and the Defendant requested the head of the management office of the instant apartment before ordering the removal of the instant notice, which is the managing office of the instant apartment, to remove the notice, or did not state the notice.

Since the notice of this case cannot be used for its original purpose by ordering the victim to remove the notice attached by the defendant without authority, the above act is done.

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