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(영문) 서울북부지방법원 2016.02.17 2015고정1289
재물손괴
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant shall be the chairperson of the apartment occupant representative, and D shall be the chairperson of the apartment management committee.

From November 19, 2014 to around 18:46 of the same month, the Defendant removed the public announcement of members to be attached to the election commission in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, the first floor bulletin board of Dong and the first floor bulletin board of Dong 201 to 207 of Dong 207, and on the elevator inside the elevator, the Defendant removed the public announcement of members to elect the representative, the public announcement of holding meetings of the committee for election management, the public announcement of the election of representatives by Dong 9, the public announcement of the voting place, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police with regard to D;

1. Investigation report (verification of CCTVs at the site of the case);

1. Application of Acts and subordinate statutes to each complainants;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 300,000 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. Article 59(1) of the Criminal Act of the suspended sentence (the written public notice of each election commission of this case was partially defective in the election management commission’s election procedure; the defendant pointed out that it was unreasonable and there are circumstances to consider that it resulted in the crime of this case in the process of resisting and resisting that it was caused to the crime of this case; and the defendant has no record of committing any other crime except that he/she was punished once by a fine, the sentence shall be suspended by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act)

As to the assertion of justifiable acts, the accused and the defense counsel voluntarily commissioned and posted election management members by violating the D procedures, which are the chairman of the election management commission, and the accused, the representative of the occupants, pointed out that it is unreasonable to do so at the management office in charge of the bulletin board management, but it was inevitably removed due to the lack of corrective measures. Thus, each written notice of this case constitutes a justifiable act as provided in Article 20 of the Criminal Act.

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