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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.05.13 2015노6298
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants alleged misunderstanding of the facts or misapprehension of the legal principles are deemed to have committed the act recorded in the facts constituting the crime as indicated in the judgment of the court below in accordance with the resolution of the board of directors, which was held at Ansan-si, Ansan-si, the management of the building (hereinafter “the building of this case”) and thus, the Defendants were dismissed from the intention of damage or the illegality as a legitimate act. Therefore, the judgment below which convicted the Defendants of the facts charged

B. Each sentence (Defendant A: fine of KRW 700,00,000, and fine of KRW 500,000) sentenced by the court below to the Defendants is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts or legal principles, under the circumstance that there is a dispute as to whom the representatives and operating members of the braille of the building of this case lawfully adopted and investigated, the defendants can sufficiently recognize the intent of damage to jointly remove banner as stated in the facts of the crime in the judgment below. The facts and circumstances alleged by the court below are as follows: (a) the defendants could seek exclusion through legitimate legal procedures, such as filing an application to suspend the performance of their duties, filing an application to suspend the performance of duties, and filing an application to appoint an executive agent on September 18, 2015; (b) the defendants C received a decision from the support of Suwon Friwon method for the appointment of the executive agent on September 18, 2015; and (c) the defendants' act cannot be seen as an emergency situation that would not tear or block banner at the time, and (d) the defendants' act can not be seen as a way or method of blocking jointly with them.

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