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(영문) 울산지방법원 2015.08.21 2014고정2140
문서손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the Dong representative of Ulsan-gun apartment C, and the victim D is a person who is in charge of audit and inspection in the above apartment from February 2013.

From August 27, 2013 to August 28, 2013, the Defendant destroyed the document by means of tearing the notice of the implementation of the neighbor's meeting with a large amount of 20 households attached by the victim as an apartment auditor at the five entrances of Ulsan-gun, Ulsan-gun, Seoul-gun, and a large amount of 20 households attached by the victim as an apartment auditor.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A copy of the public announcement of holding of neighborhood meetings;

1. Application of Acts and subordinate statutes to photographs at the time of document damage;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won a day);

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (the fact that the defendant has no criminal records identical to the defendant, the circumstance of the occurrence of the case and the conditions of sentencing Article 51 of the Criminal Act)

1. The written public notice of this case is merely an illegal advertisement attached without permission of the autonomous management committee, and the defendant, as a joint representative of the C Apartment autonomous committee at the time of this case, has management authority to remove without permission, and the defendant's removal of the written public notice of this case constitutes legitimate act.

2. Article 12(6)3 and 12(7)2 of the Rules on the Management of Multi-Family Housing of this case provides that occupants, etc. shall not install or attach advertisements or signs without the consent of the management entity, and the management entity shall obtain the consent of the council of occupants' representatives in cases where the management entity intends to give consent to the installation and attachment of advertisements or signs in a place other than the designated bulletin board.

In addition, Article 38 of the above Code violates the relevant regulations or disturbs communal order in the complex.

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