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(영문) 인천지방법원 부천지원 2019.05.23 2019고정150
재물손괴
Text

Punishment on the accused shall be determined by a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who resides in the apartment B apartment house C in Kimpo-si.

On November 16, 2018 and November 19, 2018, the Defendant removed a written consent from the victim E (the aged 61, South) who is the managing director of the above apartment D-dong elevator in the above apartment D-dong elevator on the above elevator, and thereby harming the effectiveness of each document by removing the “written consent from the resident support group related to the Elderly Society.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. An investigation report (a copy of written consent of residents of the victim and a vote cast by supporting and opposing votes);

1. Application of investigation reports (the perusal and reproduction of CCTV images related to damage to public announcement) Acts and subordinate statutes;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that each of the documents of this case was posted in violation of the above apartment management rules that "if a request for review is made by meeting certain requirements concerning the matters to be resolved by the council of occupants' representatives, the validity of the agenda shall be immediately suspended." Thus, the defendant's act of destroying each document of this case shall not be contrary to social rules and shall be deemed unlawful.

"Acts which do not violate social norms" as stipulated in Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain acts are legitimate acts which do not violate social rules and thus are dismissed, must be determined individually by considering the purpose and rational aspects under specific circumstances. In order to recognize such legitimate acts, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, and the balance between the third protected interests and the infringed interests;

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