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Reasons
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(영문) 대전지방법원 2013.10.25 2013고정1343
문서손괴
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the head of the management office of Daejeon Sung-gu C Apartment.

1. On April 16, 2013, the Defendant: (a) around 09:0, around 00, around 111, 111, 201, up to 29 elevator bulletin boards, and on the 29th floor bulletin boards, attached 58 copies of “a statement of attending the meeting of the council of occupants’ representatives on April 17, 2013” attached by the victim D on April 16, 2013, caused security guards in distress to collect and keep the false statement of “a statement of attending the meeting of the council of occupants’ representatives on April 17, 2013, to conceal documents

2. On April 17, 2013, at around 09:30, the Defendant: (a) collected 58 copies of “a notice of attending the meeting of the council of occupants’ representatives” attached by the victim for the same reason at the same place as paragraph (1); and (b) concealed documents owned by the victim and kept them in the management office; and (c) concealed documents owned by the victim.

3. The Defendant, on April 17, 2013, at around 09:30, up to 111:1:1:50, out of 863, 750 of the 863 notice of the meeting of the council of occupants' representatives, the Defendant collected and stored 750 copies of the 863 notice of the meeting of the council of occupants' representatives, which the victim puts into the management office, thereby impairing its utility by concealing documents owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A notice posted on a bulletin board (11 pages of investigation records), a notice on household mail, and a list of persons who have requested the punishment of offenders;

1. Application of Acts and subordinate statutes concerning pre-skills, pre-skills of elevator bulletin boards, and post boxes;

1. Relevant Articles 366, 34 (1), and 31 (1) of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's act of asserting that it does not violate the social norms.

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