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(영문) 의정부지방법원 2017.12.05 2017고정1067
재물손괴
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is the chairman of the Seoul apartment management committee, and the victim is the representative of the C apartment occupant.

On December 23, 2016, the Defendant removed and damaged the two copies of the posts, such as the announcement of the promotion of original damage before the members of the Election Management Committee, attached on the elevator bulletin board, 106 3-4 dong 106 dong 3-4 Ra, Namyang-si, Namyang-si, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of witness E;

1. 103 requests for dismissal procedures for the representative;

1. Public notice:

1. Application of video Acts and subordinate statutes;

1. Article 366 of the Criminal Act applicable to the relevant criminal facts and Article 366 of the Criminal Act (Selection of Penalty) (The Defendant removed a notice posted by the Defendant according to the victim’s will against the victim’s will, and then re-enters after 3 to 4 hours as the case was changed;

However, since it was impossible to use the above notice in accordance with the previous state during the time of removal, such defendant's act is temporaryly detrimental to the usefulness of the document and constitutes a crime of destruction of document).

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement shows an attitude that the defendant generally admits his mistake and reflects his mistake.

There are grounds to consider the motive and circumstances leading to the Defendant to commit the instant crime.

The degree of damage caused by the instant crime is minor.

There is no criminal conviction or fine exceeding the same criminal record or fine for the defendant.

Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.

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