2018fixed 21 Document Destruction and Damage (Abetting recognized crime name document Destruction and Damage)

A

Class ¥§§§§§§§§§§§§§§§§§§§§§§§§§

Attorney B (Korean National Assembly)

May 24, 2018

A defendant shall be punished by a fine of 500,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant is acting as the representative of the council of occupants' representatives in Busan Northern-gu C apartment 804 Dong, and the victim D is the Dong representative of the above apartment, and there was a dispute concerning the withdrawal of the council of occupants' representatives in the above apartment.

On March 18, 2017, some Dong representatives who promulgated victims who oppose the representative representative of the defendant's council of occupants' representatives prepared a "appeal of the representative council" at the meeting around March 18, 2017, and decided to put them into the mail of 1,366 households of the above apartment, and then put them into and distributed "the appeal of the representative council" at the 1,366-household mail around March 19, 2017.

At around 20:10 on March 19, 2017, the Defendant ordered the head of the guard team E to collect all the amount of 1,366 copies of the appeal for the representative meeting with the above apartment 1,366 units, and ordered security guards, such as E, who received the above order, to collect all the amount of 1,366 copies of the appeal for the representative meeting at around 21:30 on the same day, thereby impairing the effectiveness of the document by collecting all appeals for the representative meeting at around 21:30 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Report on the attachment of printed materials, report on attachment to the 112 reported case list, report on attachment to photographs, and report on attachment to confirmation document;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 366 and 31(1) of the Criminal Act; selection of fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the Defendant and defense counsel's argument

1. The assertion;

The act of a political party is reasonable because it is reasonable to allow the defendant to withdraw the appeal of the representative meeting.

2. Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court: (a) it is difficult to view the above appeal door, which was put by the victim into the post of the resident to deliver his position to the resident; (b) it does not constitute a "advertisement or sign that can obtain consent from the resident under the management rules; (c) there is no authority to collect postal items, etc. put in the post of the resident in the council of occupants' representatives or the management office without consent from the resident; (d) there is a dispute between the defendant on the part of the resident who is the representative of the council of occupants' representatives and the victim who is not recognized as the acting director; (e) the decision to dismiss the victim's application after the victim requested the appointment of the acting director against the defendant on March 1, 2017; (e) the victim did not have any legal dispute over the representative of the council of occupants' representatives; (e) although the victim did not obtain the name of the competent government office, the victim's act cannot be deemed as an act of collecting the above written consent or other legal interests of the victim.

It is so decided as per Disposition for the above reasons.

Judge Chuncheon