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(영문) 수원지방법원 2017.01.12 2016고정2963
재물손괴
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 15, 2016, the Defendant, at around 15:00, had an apartment house B in Suwon-gu, Suwon-gu, Suwon-si, 101, Dong 101, and had a usual complaint.

C for the reason that the above apartment was elected as the Dong representative, the victim B apartment management committee attached on the bulletin board was removed by hand from one copy of the public notice of the election, which is the ownership of the apartment management committee, and kept it as his house. Accordingly, the defendant concealed the documents of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Evidential materials, such as the public announcement of the third election of representatives by buildings;

1. B apartment election management regulations;

1. Records of photographs of CCTV video data recorded on the face of the crime scene A by the victim;

1. A public notice of election submitted by a person who is subject to punishment A;

1. Application of the Acts and subordinate statutes to photograph photographs showing the management rules of multi-family housing;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant asserted that the Defendant was a justifiable act since he was in custody of a resident’s neighborhood meeting by removing a letter of announcement of election to be used as evidence in the resident’s meeting, and the Defendant was in custody of the said letter of announcement of election to be used as evidence in the resident’s meeting, and thus, he was in custody of the said letter of election to be used as evidence.

However, “act that does not violate the social norms” prescribed in Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act.

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