The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person who was the chairperson of the B apartment tenant election management committee.

On June 27, 2018, at around 20:07, the Defendant discovered an envelope containing a notice of the title "on the dismissal of the captain's office, it shall be signed by residents on the dismissal of the captain's office," which was put in by each household unit, which is 1:2Ra of the Nam-gu Incheon Metropolitan City B apartment Cdong 1, 2018."

The Defendant cut off about 10 bags in each household, and then cut off 10 bags.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant is the first offender who has no record of criminal punishment; the defendant prepared and submitted a confirmation document to the effect that even if the resident of the apartment of this case brought each of the bags, he/she subsequently consented thereto; and the damage caused by the crime of this case is minor)

1. Summary of the assertion

A. Since the Defendant confirmed the instant envelope by mail and carried it again on a post box, there was no theft of the victim’s property as indicated in the facts charged.

B. The Defendant did not have any intention to larceny the instant envelope or to acquire illegal profits.

C. The Defendant’s act is not deemed unlawful, since each household resident of the mail box in which the instant envelope was put, consented ex post to the recovery of the instant envelope.

Even if not, the defendant's act constitutes a justifiable act due to the duties of the Chairperson of the Election Commission and thus is not illegal.

2. Determination

A. As to the assertion that no act of theft was committed, theft in the relevant legal doctrine is deemed to have been stolen.