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(영문) 제주지방법원 2020.10.29 2020노34

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the case of mistake of facts, the victim did not face a standing signboard in the process of putting up the standing signboard at the time of the instant case, and the victim did not intentionally go beyond the standing signboard and extended the number of the victim.

In addition, in light of the weight and strength of the standing signboard itself, even if the standing signboard goes beyond the body, it cannot be injured.

Nevertheless, the judgment of the court below which found the defendant guilty of the injury caused by negligence on the part of the victim due to negligence that the defendant caused the injury to the victim and caused the injury to the victim, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Although the Defendant, by misapprehending the legal doctrine, destroyed a signboard owned by the victim and inflicted an injury on the victim by negligence during that process, this constitutes legitimate self-defense or legitimate act as an act to prevent the victim from committing an unlawful defamation.

Therefore, although the judgment of the court below which convicted all of the facts charged of this case should be pronounced not guilty, it erred by misapprehending the legal principles as to self-defense or legitimate act, which affected the conclusion of the judgment.

2. Determination

A. The Defendant alleged that the lower court had the same purport as this part of the allegation of mistake, and the lower court rejected the said assertion by providing a detailed statement on the determination of the lower court.

Examining the reasoning of the court below in a thorough comparison with records, the above judgment of the court below is just and acceptable, and it does not seem that the defendant intentionally passed beyond the standing signboards even though the victim did not face against the standing signboards.

Therefore, this part of the defendant's assertion is rejected.

B. Any act of determining the misapprehension of the legal principle.