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(영문) 의정부지방법원 2018.09.13 2018노532
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (1) The defendant should submit the decision notified by the head of the apartment management division as evidence in the preliminary disposition case in progress, and remove it. Thus, there is no intention to damage property.

(2) At the time of this case, the above provisional disposition case was not finalized by the defendant's appeal, and the above decision contains the real name of the defendant and the Dong of the apartment where the defendant resides, and the defendant's act was removed in such a manner that honor is damaged by the above decision and that character is likely to be infringed. Thus, the defendant's act is dismissed as it constitutes a legitimate act or wording.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, (i) according to CCTV images, the Defendant was removed by means of tearing the decision attached to the elevator. As such, the Defendant, as alleged by the Defendant, removed the above decision for the purpose of submitting it as evidentiary materials.

In full view of the fact that it is difficult to see, ② When the Defendant affixed a written decision to the elevator or when the victim affixed it to the elevator, the Defendant is fully recognized the Defendant’s intention of destroying property.

B. Whether a certain act of a political party act or self-help does not violate social norms and thus, the illegality should be excluded, under specific circumstances, determined on an individual basis by examining the legitimacy of the act, first, legitimacy of the motive or purpose of the act, second, reasonableness of the means or method of the act, and third, to recognize such legitimate act.

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