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(영문) 인천지방법원 부천지원 2017.09.14 2017고정641
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 21, 2016, the Defendant maintained the utility of CCTV owned by the managing body of the said victim C Apartment in the same manner from that time to May 18, 2016, in the office of the first floor occupant representative meeting, which was installed in the ceiling for the management office of the apartment in Bupyeong-si, the Defendant: (a) opened the sirens of CCTV installed in the ceiling for the location as a paper; and (b) failed to perform the recording function of the CCTV; and (c) thereby, maintained the utility of CCTV owned by the managing body of the

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Complaint;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The gist of the assertion is that the Defendant continued to impair the utility of CCTV from April 21, 2016 to May 18, 2016, as indicated in the facts constituting a crime, and the Defendant’s act constitutes a justifiable act that attempts to prevent the infringement of private life by going to a specific level of 20 to 30 minutes in order to hold a private meeting in the conference room.

2. Determination

A. According to Articles 25, 24-2, and 24-3 of the former Enforcement Rule of the Housing Act (wholly amended by Act No. 353, Jun. 12, 2016) as to the legitimacy of the installation of CCTV in this case, the managing body of apartment complexes may install a par-free circuit television to cope with safety accidents and theft accidents in the apartment complex, but it shall not be used for any purpose other than security and crime prevention.

According to the records of this case, the apartment of this case has 16 CCTVs (15 parking spaces and 1 management offices (the representative meeting of occupants). The representative meeting of occupants has a need to prevent theft because various equipment are provided. The purpose of this case is to collect evidence not for the purpose of crime prevention but for CCTVs in the representative meeting of occupants.

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