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(영문) 울산지방법원 2015.11.27 2015노1020
문서손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal recognizes the fact that the defendant damaged the documents of the victim at the time and place stated in the facts charged of this case. However, the defendant was the Dong representative of the apartment complex and the person who was in charge of joint representation of the autonomous apartment management committee at the time of the occurrence of this case, and the written public notice prepared and attached by the victim did not obtain any consent to attachment from the autonomous management committee, which is the managing body of the apartment, and the neighbor's meeting mentioned in the written public notice cannot be held autonomously even if the victim is the auditor, so the total neighbor's meeting, which the victim holds, cannot be held autonomously, and therefore, the above written public notice constitutes illegal inducement and the defendant inevitably

Considering the circumstances of the above case, even if the defendant's act constitutes an element of the crime of causing damage to documents, it is an "act that does not violate social rules" as stipulated in Article 20 of the Criminal Act, and thus, it shall be excluded from the illegality and not guilty, and the judgment of the court below which found the defendant guilty of the facts charged of this case

2. Determination

A. The summary of the facts charged in the instant case and the summary of the judgment of the court below are as follows: “The defendant is the Dong representative of Ulsan-gun apartment C, and the victim D is in charge of audit and inspection in the instant apartment from February 2013 to February 28, 2013. The defendant damaged the document by means of tearing the notice of execution of the neighbor’s neighborhood meeting, which was attached by the victim to the five entrances of Ulsan-gun, Ulsan-gun, Seoul-gun, the five entrances of the Seoul-gun, the five entrances of the apartment, the apartment of which were attached by the victim as an apartment auditor, in his/her hands, from August 27, 2013 to August 28, 2013.” The court below convicted him/her of this part of the facts charged by taking account of

B. (1) The "act that does not violate social rules" as stipulated in Article 20 of the Criminal Act is the entire legal order.

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