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(영문) 대전지방법원 천안지원 2014.10.06 2014고정590
문서은닉
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

A. On October 30, 2013, the Defendants conspired to conceal the “Public Notice Notice of Residents’ Information” posted at the above apartment management office on the grounds that the Defendants, in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon, about October 30, 201, was revealed to the effect that the Defendants attempted to gather E, a complainant, who is the head of the apartment management office.

B. On November 1, 2013, at the same place as “D apartment representative candidate”, the Defendants conspired to leave the same place as “D apartment representative candidate,” and thus, they arbitrarily concealed a public notice of the election of the representative president and the representative candidate posted at the above apartment management office on the ground that the Defendant would not leave the same place as D apartment representative candidate and would not leave others.

C. On November 5, 2013, the Defendants conspired to conceal the notice of the procedures for re-verification of the signature of the management rules, etc. attached by the above apartment management office at the same place as “A”, and thereby, arbitrarily concealed the notice of the procedures for re-verification, thereby undermining their utility.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness E;

1. Each prosecutor's suspect interrogation protocol against the Defendants

1. The provisions of Acts and subordinate statutes governing the publication of CCTV images, resident notification pictures, representative chairperson and the election of such representative candidate shall apply;

1. Relevant Article 366 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: The Defendants shall be punished by a fine.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order asserts that the illegality of the act of removing a notice by residents’ notice around October 30, 2013, on the part of the Defendants’ assertion of self-help under Article 334(1) of the Criminal Procedure Act, inasmuch as the content that slanders Defendant B, is written, the act of destroying the notice by residents’ notice should be excluded.

However, "self-help" in criminal law refers to a substantial act to avoid the impossibility or significant difficulty of the execution of the claim when it is impossible to preserve the claim by the legal procedure.

Supreme Court Decision 206 March 24, 2006

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