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(영문) 부산지방법원 서부지원 2018.05.24 2018고정21
문서손괴
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

The defendant is acting on behalf of the representative of the tenant's representative meeting, the representative of the tenant's representative meeting, the victim D is the 907 Dong representative of the above apartment, and there was a dispute related to the election of the representative of the tenant's representative meeting in the above apartment.

On March 18, 2017, some of the Dong representatives, who promulgated victims who oppose the representative authority of the Defendant’s representative conference by proxy, prepared “the appeal of the representative conference” at a meeting on March 18, 2017, decided to put into the mail of 1,366 households of the said apartment building, and then put into and distributed “the appeal of the representative conference” at the 1,366-household mail around March 17, 2017.

At around 20:10 on March 19, 2017, the Defendant ordered the head of the guard E in the above apartment building to collect all 1,366 copies of “the appeal of the representative meeting” attached to each mail of the above apartment building 1,366 units, and ordered the security guards, E, etc. to whom the above order was issued, to collect all 1,366 units of “the appeal of the representative meeting,” and prevented all appeals of the above representative meeting from being collected at around 21:30 on the same day, thereby impairing the effectiveness of the document.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to a report on the attachment of printed articles, a report on attachment of the table to the processing of the reported case, a report on attachment of photographs, and a report on attachment

1. Relevant Article 366 of the Criminal Act, Articles 366 and 31 (1) of the Criminal Act, the selection of fines concerning the crime, and the selection of fines;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. If the alleged defendant instigated the recovery of the appeal of the representative meeting, it constitutes a justifiable act because it is reasonable to the extent that it can be permitted in light of social norms;

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the victim’s entry in the mail to deliver his/her position to the resident.

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