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(영문) 대전지방법원 천안지원 2018.05.01 2018고정135
재물손괴등
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who was the representative of all occupants of D apartment houses, and Defendant B is a person who was the E's spouse, the chairman of the former election management committee of the above apartment house.

1. On May 2, 2017, the Defendant: (a) placed the above apartment house 201 unit F in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) placed the two copies of the public announcement written in the name of the victim G, the chairperson of the representative meeting of the above apartment occupants attached at the place, were forced to be removed.

Accordingly, the defendant damaged the victim's property and harmed its utility, and interfered with the business of providing information on the representative meeting of occupants by force.

2. On May 23, 2017, the Defendant sent seven copies of the notice in the name of the chairperson of the tenant representative meeting attached by the above victim to the elevator installed in each Dong of the above apartment building around 19:00.

Accordingly, the defendant damaged the victim's property and harmed its utility, and interfered with the business of providing information on the representative meeting of occupants by force.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the prosecution with regard to G;

1. Application of the Acts and subordinate statutes to investigation reports ( CCTV images and photographs submitted by the victim), and minutes of a meeting of occupants;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the Defendants’ assertion

A. It is true that the Defendants removed the notice as stated in the facts charged.

However, since the notice is not a property, it is not an object of the crime of damage to property.

(b) the details of the notices;

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