The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person working as an office in the C Housing Reconstruction Project Association.

On July 12, 2016, around 21:30 on July 21, 2016, the resident representative composition group E (62 tax , inn) E, 1.2 complex 1,541 household units, and the members of our association who input by mail for each household in Seo-gu, Gwangju-gu.

The head of 1,541 letter bags containing printed materials, such as “written application form,” shall be deducted by mail on the ground that they are illegal advertisements obstructing the partnership’s business operations.

It concealed the partnership's office by collecting it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Six copies of a criminal investigation report (a photograph at the important surface of a visual screen) and a photograph at the important surface of a photograph;

1. Investigation report (to attach photographs, such as mail boxes and letter bags);

1. The defendant asserts to the effect that it constitutes a legitimate act under Article 20 of the Criminal Act, as a member of the managing body of the above apartment complex, collected letter bags and other printed materials (the defendant is a member of the managing body of the above apartment complex who collected the above printed materials, which are illegal advertisements.

However, in principle, the management authority does not have the right to manage the goods or documents invested in the mail for each household that does not fall under the common use area such as apartment house.

Thus, unless there are special circumstances such as the management rules separately or the management entity is given the owner or manager (the owner or manager of each household) of the mail box in advance, collecting at will the goods or documents put in by the management entity in the mail by the household does not constitute a justifiable act under Article 20 of the Criminal Act.

I would like to say.

Therefore, we cannot accept the above argument of the defendant - the law.

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (one day) of the Criminal Act to attract a workhouse.