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(영문) 서울북부지방법원 2019.08.22 2019노619
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) did not have the right to manage legitimate notices on the distribution of BJYYYYYYY, and the court below acquitted the defendant even though the defendant's act of removing the notices in this case does not constitute a justifiable act. The court below erred by misapprehending the legal principles and misconceptions

2. The lower court determined on the grounds of the grounds of appeal that the act of removing the instant notices on the grounds of the circumstances set forth in its reasoning constitutes a justifiable act that does not violate social rules, on the grounds that the act of removing the instant notices by the Defendant was removed within the scope of the management authority, as the chairman of the facility management committee for the said Gangnam Culture and Arts Distribution.

Even if the reasoning of the judgment of the court below is reviewed again in light of the records, it is determined that the above defendant has the right to manage legitimate notices as the chairperson of the facility management committee for the distribution to North Korea,

Therefore, the judgment of the court below is just and acceptable, and the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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