재물손괴
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal does not constitute a legitimate act because the act of destroying two banners as stated in the facts charged by the Defendant (hereinafter “instant notices”) by the victim does not constitute a legitimate act because it is difficult to view that the Defendant satisfied the requirements of supplement, reasonableness, and urgency. Therefore, the court below erred by misapprehending the legal principles and misapprehending the legal principles on the facts charged
2. Determination
A. The summary of the facts charged is that the Defendant is a non-duplicative strike of B church (hereinafter “instant church”) and the victim C is a duplicity of B church reform.
On March 1, 2018, around 16:08, the Defendant destroyed two of the guidance banners on the “act of committing the E wood death” posted by the victim at the fourth floor of the street in Seocheon-si D, Seocheon-si. In addition, the Defendant destroyed it by the method of removing it by hand.
B. The lower court determined that the Defendant’s act of removing the instant notices constitutes a lawful act that is reasonable and acceptable under social norms, and acquitted the Defendant of the instant facts charged, on the ground that the Defendant’s act of removing the instant notices constitutes a lawful act that is reasonable and acceptable under social norms, on the following grounds: (a) the instant notices installed by the victim was posted without the permission of the principal state; (b) the content falling under defamation or insult against the E-mail; (c) the Defendant was entitled to remove the notices without permission; and (d) the Defendant was required to remove the notices promptly; and (b) the victim did not have any possibility to voluntarily remove the instant notices at the
C. Article 20 of the Criminal Act provides that the act of Article 20 of the Criminal Act that does not violate social rules shall not be punished is stipulated as the standard for determining the most basic illegality of the concept of social rules.
According to this, even if the act seems to fall under the requirements for the composition of crime according to the text of the law, it is extremely high.