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(영문) 부산지방법원 2015.05.21 2015고정397
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the chairperson of the resident representatives' meeting in Busan Seo-gu, and D is the chairperson of the development council of the above apartment.

After reporting an outdoor assembly to the private police station, the above development council manufactured a banner with a content of opposing the installation of an individual heating boiler in an amount of KRW 3.5 billion, which is driven by the private apartment entrance resident representatives' meeting, and posted it on the street trees adjacent to the access road of the above apartment complex.

The Defendant, from May 28, 2014 to around 06:15 on the 30th day of the same month, 23 of the above apartment management office’s management division E and the management division F of the management division of the above apartment management office’s removal by ordering the removal of the 30 banner of the above apartment management division and the 30th day immediately adjacent to the access road of the above apartment complex from around 20:00 to around 306:15 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on an outdoor assembly;

1. Each police investigation report (Attachment, such as case transmission records, etc. related to G of the same case, and telephone investigation report to E of the head of the management office);

1. A copy of the official document;

1. Placards photographs and removal of placards posted and kept in the archives of the management office (the defendant and his defense counsel claim that the above banner does not constitute property of the crime of causing property damage. However, the defendant and his defense counsel claim that the above banner does not necessarily have objective monetary exchange values, the owner's possession of property is sufficient by holding subjective value, and even the banner installed for the purpose of providing property in a criminal act, it is sufficient to protect the owner's use as property under the Criminal Act in that it should protect the owner's use of property until it is confiscated according to the procedure. Thus, the above claim shall not be accepted).

1. The applicable law and the choice of punishment for the crime shall be the criminal law;

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