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(영문) 서울동부지방법원 2016.08.10 2016고정212
문서손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 27, 2015, from around 20:50 on the same day to around 20:58 on the same day, the Defendant arbitrarily removed the public notice of the title "the public notice of the title "" on the result of resident voting on the promotion of the members of the Election Management Committee, which was posted by the victim D, the chairperson of the apartment apartment elevator in Gangdong-gu Seoul Metropolitan Government, on the bulletin board of the inside and the entrance of the apartment elevator in Gangdong-gu

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses regarding D;

1. Evidential materials [The defendant's act is a legitimate act that does not go against the social norms since the above written notice was attached without going through lawful procedures, and thus the defendant's act of removing it is a legitimate act that does not go against the social norms. However, in light of the motive and circumstance of the crime of this case and the process of the crime and the circumstances after the crime committed, it cannot be viewed that the defendant's act constitutes a justifiable act that does not go against the social norms. Thus, the above

Application of Statutes

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 (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the fact that the defendant has no criminal history for the same kind of crime, the background of the occurrence of the case and the conditions of sentencing Article 51 of the Criminal Act);

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