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(영문) 의정부지방법원 고양지원 2017.03.09 2015고정385
자격모용사문서작성등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2015 High 790] Defendant 1 submitted a proposal for dismissal of the victim D as the representative of the tenant representative of the apartment building in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Seoul, and the above apartment resident submitted a proposal for dismissal of the victim D. Under the above apartment management rules, Defendant, the representative of the tenant, should fill the vacancy within 14 days, and even after 30 days from the submission of the above apartment management rules, Defendant, the representative of the tenant, was suspended the status of the representative due to the submission of the notification for dismissal if the number of the members of the election management committee is less than five, but was not endeavor to fill the vacancy of the election management committee members, and at will, on June 23, 2014, Defendant announced that the status of the representative

Defendant: (a) failed to notify the victims of the convocation to the seven meetings, such as the temporary meeting on June 27, 2014; (b) temporary meetings on July 3, 2014; (c) regular meetings on July 17, 2014; (d) regular meetings on August 21, 2014; and (e) regular meetings on August 21, 2014; (e) regular meetings on September 19, 2014; (e) regular meetings on October 17, 2014; and special meetings on November 6, 2014; (e) thereby obstructing the victims’ representative affairs by fraudulent means; and (e) failure to receive notification from the meeting, thereby obstructing the victims’ representative affairs by force by force.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police against D;

1. The public notice of the suspension of status, the notice of dismissal, the receipt of civil petitions (not to dismiss) and the notice of the decision on the support of the family court (in light of the background, means and methods of the occurrence of the instant case, and the circumstances before and after the commission of the crime, etc., the Defendant’s act cannot be deemed unlawful as a justifiable act that does not go against the social norms, or there is no possibility of expectation of lawful act)

Application of Statutes

1. Articles 314(1), 313 (a) and 314(1) of the Criminal Act, Article 314(1) (a) of the Criminal Act, and Article 314(2) of the same Act, respectively, concerning facts constituting an offense.

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