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(영문) 대구지방법원 서부지원 2014.03.19 2013고정1508
재물손괴
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who is engaged in one's own business with the trade name B.

1) On October 24, 2013, around 21:30, the Defendant: (a) removed the regular council of occupants’ representatives attached with D, an apartment management office, at the wall entrance bulletin board at the entrance entrance of the elevator of 101, 2, Daegu-gu, Daegu-gu, Seoul-gu, and destroyed the documents under management in the apartment management office by removing, in his/her hand, a notice of the announcement according to the apartment management office’s regular council of occupants’ representatives’ representatives’ meeting and the instructions for the operation of an Ambconccoing work, and destroyed the documents under management in the apartment management office. (b) On October 25, 2013, the Defendant removed the results of the regular council of occupants’ representatives posted inside the elevator of 101, 2, Daegu-gu, Daegu-gu, Seoul-gu, 101, and

3) On October 26, 2013, at around 10:50, the Defendant removed and damaged a notice posted inside the elevator of 101, Dong 101, Dong-gu, Daegu Building C in the same manner. (4) On October 29, 2013, the Defendant removed and damaged the notice posted inside the elevator of 101, Dong-gu, Daegu Building C in the same manner. (2) On October 29, 2013, the Defendant removed and damaged the notice posted as above in the same manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A complaint;

1. The defendant's argument about the investigation report (the confirmation of CCTV data inside the elevator and the attachment of photographs, etc.) is that the defendant stated false facts as if he had engaged in various works promoted in 2012, which the defendant worked as the representative of occupants, and therefore the defendant's act was removed. Thus, the defendant's act is a legitimate act.

However, even if there is a dispute over construction works conducted in the year 2012 as the representative of occupants between the defendant and the present managing body of the apartment, it is difficult to view that the defendant's arbitrary public notice is a justifiable act that does not violate the social rules, without going through legitimate legal procedures.

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