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(영문) 서울중앙지방법원 2017.09.22 2017노2593
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles, the fact that the defendant removed two copies of the letter of self-introduction of the representative candidate by the same representative candidate. However, the damaged one head is removed to correct the already damaged one head, and the above damaged one head was copied to replace the above one head, and there was no intention to remove two copies of his own introduction and to impair its utility or to interfere with the bulletin board management of the apartment management director.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the court below's argument of misunderstanding of the legal principles as to mistake of facts and misapprehension of the legal principles, it is acknowledged that the defendant's own introduction of the G candidate's candidate's own introduction, which was sent to the representative of 709 and 710 Dong Dong-gu 1, 709 and 710 Dong Dong-dong 1 (in this process, the upper part of the above self-introduction letter was teared) and the above candidate's self introduction was removed from the elevator of 710 Dong 2 Dong-dong 710 and 710 Dong-dong 2. After entering the elevator again, it was urgent from the defective elevator in which other women attempt to board the elevator, and thereafter, it was recognized that the self-introduction letter was attached to the candidate's own introduction in a damaged condition after breaking the upper part of the elevator.

The defendant who arbitrarily removed the notice for election, such as the above recognized facts, without authority, should be deemed to have caused damage to property and interference with business and intention.

Therefore, the judgment of the court below which found the defendant guilty of damage to property and interference with business is legitimate, and there is no error of misunderstanding of facts or misunderstanding of legal principles alleged by the defendant.

(A) Even if the letter of self-introduction is attached to the elevator at 709, as argued by the Defendant, the Defendant who has no legitimate authority is removed from the elevator at will.

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