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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[20 decided 181] The Defendant is a member of the Election Commission of Eunpyeong-gu Seoul Metropolitan Government B Apartment, and the victim C is the chairman of the Election Commission.
On August 3, 2019, around 13:30 on August 3, 2019, the Defendant: (a) removed a notice to the council of occupants' representatives, which was attached in the name of the chairperson of the election commission by the victim C, and caused the damage to the documents of the victim.
[20, 2020, 223] From July 11, 2019 to 23:11 on the same day, the Defendant removed and destroyed the two posts of “resident notice related to apartment management” and “I request to the resident representative meeting,” which are attached to the bulletin board installed by the victim C, on the ground that I request to the resident representative meeting,” from around 23:06 to around 23:11, the Defendant removed and destroyed them without permission.
Summary of Evidence
[20, 181]
1. Partial statement of the defendant;
1. Each police statement concerning C (2020, 223);
1. Partial statement of the defendant;
1. Statement to C by the police;
1. The complainant asserts that a photograph and original copy of a bulletin board, CCTV storage CD and a photograph to capture [the defendant removed the posts posted by the victim as stated in the facts constituting the crime, but the above posts were attached without the approval of the apartment management body, and are also false, and thus they were inevitably removed. However, even if the victim did not obtain prior consent or consent from the apartment management body regarding the attachment of the above posts, it does not appear that the defendant, who is a member of the apartment management body, was entitled to remove them at his own discretion (the above notices posted by the victim at the position of the chairperson of the election management commission, were illegal merely because the above notices posted by the victim violated the posting procedure.