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(영문) 서울동부지방법원 2017.05.26 2016고정898
재물손괴
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the chairperson of the Council of Representatives of Residents in Gangdong-gu Seoul Metropolitan Government, and the victim C shall be the chairperson of the above apartment management committee.

On August 16, 2015, the Defendant arbitrarily removed two copies of the public announcement related to the apartment election under the name of the chairperson of the election management office of the above apartment management office and the elevator, which is owned by the victim attached to the elevator, and had a manager in unsound name remove the two copies of the public announcement related to the apartment election.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Public announcement of known matters and collection of management regulations;

1. Each copy of the examination protocol of witness [the defendant removed two copies of the public notice written in the judgment of the defendant (hereinafter referred to as the "public notice of this case"), but C did not have the authority to prepare the public notice in its name because it was not in the position of the chairman of the election management committee at the time. Since the public notice of this case was attached without the consent of the managing body, the defendant is deemed to have been illegally posted and the public notice of this case was removed, and it does not constitute a justifiable act that does not cause damage to documents or violates social rules and thus does not constitute a crime.

According to the evidence duly adopted and examined by the court, the notice of this case was prepared in the name of the chairperson of the election management committee. At the time, personnel of the election management committee including the defendant and C are the other party's qualifications and the dispute was over the other party's status, and only the data submitted were not in the position of the chairperson of the election management committee at the time of attaching the notice of this case.

It is difficult to readily conclude.

In addition, it did not explicitly obtain prior consent from the managing body of the apartment with respect to the attachment of the notice in this case.

In other words, Article 14 (2) of the apartment management rules of this case is "the resident representative council and the election management committee" as follows, which can be seen by the above evidence.

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