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(영문) 대전지방법원 2016.01.28 2015고정1643

재물손괴

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On August 29, 2015, the Defendant: (a) 09:00 on August 29, 2015, on the grounds that it was difficult for the Defendant to bring the harmony among the C church stairs located in Seo-gu Daejeon, Seo-gu, Daejeon to bring the church to the church; (b) the Defendant was tightly pushed down the flowers as his hand, and (c) the Defendant went beyond the view of walking with the

As above, the Defendant destroyed the 19 minutes owned by the above church (around 1,400,000 won in the city) and damaged its utility.

2. On August 30, 2015, around 16:30 on August 30, 2015, the Defendant: (a) laid in front of the entrance stairs of the said C church; and (b) laid in front of the entrance stairs of the said C church, without any justifiable reason, destroyed the Defendant’s utility so as to cover approximately KRW 60,000 for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's assertion on the defendant's assertion under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is asserted as constituting a legitimate defense, since the above church members, including D, destroyed the parts of the above church by setting the harmony of the defendant and damaged them.

In order for a certain act to be recognized as a legitimate defense, it must be reasonable to protect the present unfair infringement of one’s own or another’s legal interest. Therefore, a legitimate defense against an unlawful and lawful infringement is not recognized, and whether a defense act is socially reasonable should be determined by taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the act of infringement, the method of infringement, the completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense, etc. (Supreme Court Decision 2003Do4735 Decided April 27, 2006). Even if the defendant’s assertion is true, it is difficult for a church to set the part of the defendant’s opinion.