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(영문) 전주지방법원 2017.10.12 2017고정573
문서손괴
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of the tenant of the apartment house B in the Jeonsan-gu Seoul Metropolitan City, and there has been conflicts with the above apartment management committee including the victim C.

On March 18, 2017, around 07:30, the Defendant destroyed the documents of the victim by putting the notice on the bulletin board of B apartment, stating that the election management commission had D attach the result of dismissal voting in accordance with the management rules, “public notice of the current status of the voting counting for dismissal of the representative of the temporary status in the sixth constituency of B apartment,” “public notice of the current status of the voting counting for dismissal of the representative of the representative in the sixth constituency,” and “public notice of the meeting of representatives of occupants,” respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on the generation of goods and a report on the internal investigation;

1. Public announcement of damaged scenes, photographs of damaged notices, public announcement of the result of dismissal voting, public announcement of the current status of a temporary representative of the constituency No. 6 of B apartment units, public announcement of the holding of an urgent meeting of representatives of occupants, public announcement of convening a meeting of the election management committee, minutes of meetings of the committee for election management of B apartment units, public announcement of the result of meetings of the committee for

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, without authority, removed another’s document without the authority, destroyed it by means of removal from office, and the content of the document is related to the result of the voting for the dismissal of the representative of the Defendant, etc. by the Defendant. As such, the fact that the apartment resident cannot be seen as the result of the instant crime and that the content of the crime cannot be deemed to be less and less than that of the Defendant’s act is unfavorable to

The defendant recognized the facts of the crime of this case, there are no criminal records other than punishment of fines twice in 1998 and 2009, and in this case, the defendant made a provisional disposition on February 3, 2017 to preserve the status of the representative from this court.

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