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(영문) 부산지방법원 2018.11.22 2018노2857
공무상표시손상
Text

The judgment below

The guilty part shall be reversed.

Of the facts charged in the instant case, the Defendant was acquitted on February 10, 2017.

Reasons

1. Summary of grounds for appeal;

A. The part of the Defendant [the guilty part] among the public notice notices attached to the wall surface of the Busan Northern-gu C (hereinafter “the apartment of this case”) by the Busan District Court execution officer (hereinafter “the notice of this case”) attached to the wall surface of the Management Office of the Busan Northern-gu C (hereinafter “the apartment of this case”) (hereinafter “the notice of this case”), where the employee of the Management Office of the apartment of this case arbitrarily wned the part “D” with a pen, without his authority, cannot be deemed to have undermined the utility of the notice of this case. However, the court below found the Defendant guilty of this part of the charges. The judgment below erred by misapprehending the legal principles and misapprehending the legal principles.

B. Prosecutor 1) The lower court acquitted the Defendant of this part of the facts charged, although it could sufficiently recognize the fact that the Defendant deleted the indication “D” from among the notices attached to the entrance wall of the apartment management office of this case on March 9, 2017, which was attached to the entrance wall of the apartment management office of this case. However, the lower court acquitted the Defendant of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts.

2) The lower court’s sentence (amounting to KRW 300,000) against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination

A. Decision 1 on the Defendant’s misunderstanding of the facts and misapprehension of the legal principles 1) The summary of this part of the facts charged is to manage the management affairs of the apartment of this case by entrusting it to one comprehensive management “(state). D, as the representative of the representative council of occupants of the apartment of this case, has obstructed the above management affairs and received a provisional disposition for prohibiting interference with business affairs in Busan District Court 2016Kahap 10676. On January 24, 2017, the Busan District Court enforcement officer issued a written notice on the wall of the above provisional disposition at the entrance wall of the apartment management office.

On February 10, 2017, the Defendant, at the entrance of the above management office around 20:08, deleted the name of ‘D' from the name of ‘D' on the wall of the non-permanent tool, which was attached on the wall of the above management office.

2) The lower court determined that the evidence duly adopted and examined by the lower court.

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