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(영문) 광주지방법원 2018.11.30 2018고정657
재물손괴
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the vice-chairperson of the E Residents' Representative Council with interest on the F Dong-dong apartment of the Gwangju Mine-gu E, and Defendant G Dong, Defendant C, Defendant H Dong, and Defendant D are the Dong representatives with I consent, and the J is the chairperson of the Residents' Representative Council.

1. On February 18, 2018, Defendant A arbitrarily opened an apartment elevator F, and destroyed it on February 14, 2018, on the ground that: (a) the Defendant discovered a written public notice in the name of “the president of the E occupant representative” in the victim’s name; and (b) stated that “the vice president would be subject to the judgment of the president’s complaint case due to defamation”.

2. Defendant B removed, on February 14, 2018, a written public announcement written in the name of the representative of the victim occupant for the same reason from the same apartment G elevator G in the same apartment building G on the same ground, and damaged it.

3. Defendant C removed, on February 14, 2018, a written public notice that was made in the name of the representative of the occupant of the victim for the same reason from an apartment building H, such as apartment building H on the same ground, and damaged it.

4. On February 14, 2018, the Defendant: (a) opened a written announcement that was made in the name of the representative of the occupant of the victim on the same ground from an apartment I in the same apartment I on the same ground; and (b) destroyed it.

Summary of Evidence

1. Each legal statement by the Defendants (the fact that the public notice in this case was removed)

1. Each legal statement of the witness J and K (with respect to Defendant B, each protocol of witness examination of the witness J and K);

1. Statement made by the police to J;

1. Application of the CCTV image statute to the CCTV suspect who has taken photographs;

1. The Defendants of the pertinent legal provisions concerning criminal facts: Article 366 of the Criminal Act

1. First-class Defendants: Fines for a fine

1. O Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Determination as to the Defendants’ assertion of defense counsel under Article 334(1) of the Criminal Procedure Act

1. The “the result of the conference” under Article 1(1) of the “the public notice of the allegation of this case (59 pages of evidence record”) refers to the case where the president files a complaint against the president due to defamation (hereinafter “the case”).

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