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(영문) 부산지방법원 서부지원 2018.07.17 2017고정412
공무상표시손상
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The management affairs of the Busan Northern-gu C apartment are entrusted and managed by one comprehensive management "(ju)," and D, as the representative of the above apartment occupant council, has obstructed the above management affairs and received a provisional disposition for prohibiting interference with affairs in the Busan District Court 2016Kahap 10676, and on January 24, 2017, the enforcement officer of the Busan District Court attached a notice on the wall of the above provisional disposition at the entrance of the above apartment management office to the wall of the above apartment management office.

On February 10, 2017, the Defendant, at the entrance of the above management office around 20:08, deleted the name of ‘D' from the name of ‘D' on the wall of the non-permanent tool, which was attached on the wall of the above management office.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness D;

1. Each report on investigation;

1. Each public notice door, CCTV image, public notice door, damaged photograph, photograph 1 through 10 [the defendant and his defense counsel] of the crime of this case, since the D name already was crossed out with a knife and became invalid at the time of the crime of this case, the defendant's act of recording the crime of this case does not constitute the crime of damaging property

As such, in full view of the evidence duly adopted and examined by the court of this case, the notice of this case contains the content of the notice in accordance with the decision of provisional disposition prohibiting interference with the business affairs of the Busan District Court 2016Kahap 10676, the Busan District Court 2016Kahap, and the defendant already deleted the part of the "D" of the notice of this case before committing the crime of this case by the name in his name in his name. Thus, the C Apartment Management Office's employee entered D's name in the part where D's name was crossed out around 16:50, Feb. 10, 2017, which was before committing the crime of this case, with a private pen. The notice of this case can be recognized in light of the above facts that at present, D's name was crossed back to C apartment Management Office, and attaching D's name with a name tag affixed.

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