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(영문) 서울중앙지방법원 2015.09.16 2014고정3550

재물손괴

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 12, 2014, around 15:10 on January 15:10, 2014, the Defendant committed assault against the victim by causing the victim E (the 50-year age) who is the constitutional member and leader of a church in the D church outside the D church located in Seocho-gu Seoul Metropolitan Government to photograph a disturbing act.

Summary of Evidence

1. In the first trial record, the statement to the effect that the victim, who the defendant was a victim, only pushed the victim's hand in order to see the direction for the cambling and photographing of the cambryer to the defendant, and that the defendant was tightly cambling by another person who was next to the cambryer;

1. Statement made by witnesses E in the third protocol of the trial;

1. Statement to E by the police;

1. A CD accompanied by a written complaint;

1. On-site documentary evidence photographs;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel regarding the argument of the person involved in the litigation under Article 334(1) of the Criminal Procedure Act of the order of provisional payment asserts that even though the defendant and his/her defense counsel took the camping camer cited by the victim at the face of the defendant and talks several times, the victim continued to take the camer in close vicinity to the face of the defendant to look at the direction of the cammer, which constitutes a self-defense or a legitimate act to prevent the victim from infringing on the defendant's portrait rights or privacy.

In light of the following circumstances, the evidence adopted by this Court and examined by this Court, namely, the victim was scambling at a certain place in his/her face height and did not appear in the victim's wife at the time, and the victim was able to raise his/her own loss to the victim.