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(영문) 부산지방법원서부지원 2020.08.28 2020고정319
문서손괴
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a resident living in Busan Northern-gu B apartment C and D complex, and the victim E works as the head of the management office of the above apartment.

Around 00:00 on August 11, 2019, the Defendant removed a notice of “re-public notice of the election for replacement of the 18th executive officer by hand” attached on the wall of the elevator head of the above apartment F-dong, which was attached to the wall of the above apartment F-dong. In addition, the Defendant removed the said notice in his hands over six times from around that time to September 2, 2019, as indicated in the crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant asserts that, in addition to the written accusation of the police statement of the E, it is a justifiable act to remove the notice of the facts stated in the judgment below, posted inside the elevator without permission, not a designated posting place.

However, the following facts and circumstances acknowledged by the evidence duly examined by this court, i.e., the notice of each crime, which is the head of the management office, is the sign attached by E, the head of the management office, and Article 13 (5) of the Rules on the Management of Apartment Buildings, which is stated in the judgment, are subject to the consent of the tenant's representative meeting if occupants attach signs to places outside the designated bulletin board, but the above provisions cannot be deemed to apply to the signs attached by the management authority, and Article 63 (1) 1 of the Multi-Family Housing Management Act provides that the management entity shall perform the maintenance of common areas, and Article 19 (2) 3 of the Enforcement Decree of the Multi-Family Housing Management Act provides that occupants, etc. shall only obtain the consent of the management entity if they attach signs to multi-family housing, and Article 29 (1) 1 of the Enforcement Rule of the Multi-Family Housing Management Act provides as the duties of the management entity.

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