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(영문) 울산지방법원 2013.10.17 2013고정958
재물손괴
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On November 4, 2012, Defendant A removed a copy of the public notice of “the illegally withdrawn from the management expenses for the residents of 13 non-Confidence units” attached at the same place by the victim F, who is the president of the above apartment, in front of Ulsan-gu E apartment 103 Dong-gu, Ulsan-gu, 2012.

Accordingly, the defendant damaged another person's property.

2. Defendant B

A. On November 2012, 2012, the Defendant removed one of the publication items, “A court judgment notice on the dissolution of the 13th council of occupants’ representatives and the suspension of business of the management company,” which was attached at the place by the victim F, a female president of the said apartment, before the Ulsan-gu E apartment 112 elevator.

B. At the same time and place, the Defendant removed one copy of the publication, “the 13th entrance dissolution and guidance on the contract of the entrusted management company” attached by the said victim at the same time and place.

C. At the above date, at the above place, the Defendant removed one copy of the publication in the title “14 voting schedule for representatives of each Dong” attached by the said victim.

Accordingly, the defendant damaged each other's property.

3. Around November 6, 2012, Defendant C removed one copy of the publication, “the voting schedule by the 14th head of each Dong” attached by the victim F, who is the president of the above apartment, around Ulsan-gu E apartment 114 Dong-gu, Ulsan-gu, and the victim F, the president of the above apartment, was removed.

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Protocol of the police statement concerning G;

1. Complaint;

1. A damaged public announcement;

1. Application of Acts and subordinate statutes to investigation reports (to submit video materials causing destruction and damage);

1. Defendants of relevant legal principles concerning criminal facts: Article 366 of the Criminal Act;

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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