The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person who has been elected as the chairperson of the tenant representative of Dongjak-gu Seoul Metropolitan Government D Apartment.

In relation to the election of the representative chairperson of the tenant elected by the defendant, if the defendant violated the regulations for the election management during the election process, the defendant convened an emergency meeting and tried to prevent the defendant from going through the procedure for invalidation of the election.

On January 2, 2015, the Defendant: (a) at the second floor office of the Dongjak-gu Seoul Metropolitan Government D Management Office around January 2, 2015; (b) at the above apartment management office and the victim E, the head of the above apartment management office, prepared a written announcement of confirmation of invalidation of the election of the representative of occupants and a re-election announcement using a computer under the direction of the above Management Committee; and (c) obstructed the victim’s election management affairs by force, such as turning the above computer monitors during the work into hand.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness F;

1. Partial recording of witness E in the sixth public trial records;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the legitimate defense assertion by the Defendant and his/her defense counsel under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201)

1. The assertion that the defendant gets off a computer monitor like the statement of facts constituting a crime is limited to a legitimate defense level in order to prevent the victim from unfairly infringing the status of the chairperson of the representative meeting of occupants.

2. Determination

A. The establishment of a political party’s defense shall take into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense.