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(영문) 인천지방법원 부천지원 2018.08.16 2018고정449
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a representative of 107 residents of "C apartment".

Defendant

B is the representative of the 108 occupant's "C apartment".

The victim D is the general responsibility of the committee for the election management of the C Apartment.

Defendant

A and Defendant B, as the representative of the tenant of the "C Apartment", expressed to remove the documents owned by the election management committee with a content that they bling against the notices posted on each of their bulletin boards and elevators, and the Defendants returned to the apartment complex in Bupyeongcheon-si from January 21, 2018 to January 14:35, 2018, and the apartment election management committee posted on each of its bulletin boards and elevators at the same time and added to the waste box.

Accordingly, the Defendants jointly removed documents owned by the Election Management Commission without authority, thereby impairing their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (to be attached toCCTV images), internal investigation report (to be heard the statement of the Director of the Management Affairs Office), and investigation report (to be attached to a document related to the “written appeal against the supporting materials of the said Representative”);

1. Application of CCTV duplicating photographs, documents discovered in a garbage box, and mail-related photographic Acts and subordinate statutes

1. Article 2 (2) of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and the selection of fines for the crime;

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

1. In full view of the various sentencing conditions indicated in the records and arguments, including the nature of crimes for which punishment is imposed in accordance with Article 334(1) of the Criminal Procedure Act, the background and developments leading up to the crime, means, and the primary offender, of the sentencing order, the punishment is determined as ordered.

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