logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.01.09 2018노3765 (1)
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The instant act by the Defendant’s misapprehension of the legal doctrine constitutes a justifiable act that is based on the public interest level to prevent the confusion of residents by delivering accurate information to the occupants of apartment houses, and that does not violate the social rules.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The Defendant asserted that the lower court had the same purport as otherwise alleged in the above misapprehension of the legal doctrine, and the lower court rejected the above assertion in detail, and the lower court affirmed the following facts admitted by the evidence duly admitted and investigated by the lower court and the lower court in light of the circumstances presented by the lower court.

① The agenda item was included in the initial public notice of convening the council of occupants’ representatives, and rather than placing the result of the meeting on the agenda item in blank, the outcome of the meeting is more desirable in terms of the citizen’s right to know, even if not decided.

In order to prevent the occupants of the apartment of this case from viewing the written announcement of this case, the Defendant removed the written announcement of this case and sent it, and it is difficult to view that the motive or purpose thereof is justifiable.

② Even if the victim had a problem in the act of attaching the public notice of this case, it appears that the defendant could take another method, such as requesting the head of the management office belonging to the management office in charge of posting and removing documents of the bulletin board to remove the public notice of this case, or posting the reflectors. Therefore, it is difficult to deem that the crime of this case, which was removed arbitrarily without following lawful remedy procedure, has the reasonableness or supplement of means

(3) The content contained in the notice of this case shall be referred to defamation and complaint by the president.

arrow