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(영문) 의정부지방법원 2018.09.13 2018노680

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (misunderstanding of facts) ① The Defendant, while leasing the instant I land, intended to take over all the above ground water installed on the said land as it is, there was no intention on the removal of the instant standing signboard to the effect that it damages another’s property.

② The instant standing signboards are installed over the instant J and I land. Since the said J land is also owned by the Superintendent of Gyeonggi-do Office of Education, the instant standing signboards are included in the obstacles for Q elementary school to demand removal to the end lessee.

Therefore, the illegality of the Defendant’s removal of the instant standing signboards constitutes a justifiable act or self-help act.

2. The lower court also asserted to the same effect as the grounds for appeal. In light of the location of the standing signboard of this case, the motive and background leading up to the crime, and the timing and method of committing the crime, etc., the lower court had the criminal intent of damaging the Defendant.

judgment that does not constitute an act of self-help or a justifiable act;

In view of the facts charged of this case, the court found guilty.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below in light of the circumstances revealed by the court below: (i) the instant standing signboard was designated as a green rural experience village in around 2010; (ii) the said village was installed at the entrance of the village for the purpose of promoting K to the outside that K is a green rural experience village; and (iii) G requested the removal of the obstacles above the above land against the village head, a tenant of the instant I land, at the court of the court below, to the village head, which is the former tenant of the instant land, but this is in mind of the removal of the plastic house, and it is not true memory about the instant standing signboard.

It was stated that the request for removal was made in mind in mind of the standing signboard of this case.