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(영문) 인천지방법원 2019.07.05 2018고정2685
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a resident of the Nam-gu Incheon Metropolitan City B apartment, and is in conflict with the council of occupants' representatives and the management office by presenting a proposal for dismissal of the chairperson of the apartment council in which the defendant resides.

1. On September 1, 2017, the Defendant committed the crime of Sep. 1, 2017: (a) around 16:00, by each mail with 256 households in Namdong-gu, Incheon, Namdong-gu, Incheon, and (b) around September 1, 2017, a public notice in the name of the president of the representative council of occupants who represents their respective positions to prevent the passage of the proposal for dismissal by the council of occupants’ representatives was already put into the mail of each member of the household; (b) thereby, it was stolen to prevent the members of the household from reading the public

2. On April 11, 2018, the Defendant committed the crime committed on April 11, 2018, which was prepared by the council of occupants’ representatives for the same reason as that prescribed in paragraph (1) at the same place as that prescribed in paragraph (1) on April 11, 2018, and was stolen for the same reason as that prescribed in paragraph (1).

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Application of the Acts and subordinate statutes to the documents submitted by each complainants, documents evidencing the submission of documents by the complainants (a CCTV image at a closed stage), documents evidencing the submission of documents by the complainants (a disposition of a fine for negligence), and C submitted documents;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed for larceny of April 11, 2018, heavier penalty);

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. Article 59(1) of the Criminal Act provides that the Defendant is a primary criminal who has no record of criminal punishment; the Defendant returned the public notice given by September 1, 2017 to each household after committing the crime; the damage caused by the instant crime is minor; and the resident of the instant apartment is the Defendant.

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