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(영문) 대전지방법원 2015.09.03 2014노3176
재물손괴
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles has the right to remove illegal placards on the part of the Defendant, or there was a justifiable reason to believe that the Defendant has such right, and his act is a justifiable act permissible by social norms as a public official. Thus, the Defendant’s act is not a crime or illegal, and at least there is a justifiable reason to believe that it does not constitute a crime under the law stipulated in Article 16 of the Criminal Act.

B. The court below’s sentence of unfair sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The summary of the facts charged is that the Defendant is a person who applied for the recruitment of a candidate for a City Council member to go to Dsiwon (E and F constituency) at the 6th nationwide local election conducted on June 4, 2014, when he/she was in office as a Gu Council member from July 2010 to C Council member.

On the other hand, in the constituency where the defendant applied for a competition in which he wishes to go to a Si, in addition to the defendant, H and I applied for a Si candidate competition with the G Party, and H and I applied for a Si candidate competition with the defendant in order to raise their awareness guidance, they installed a banner recommended to encourage advance polling in their own name in the constituency area, and have the banner damaged it.

The Defendant, at around 20:45 on April 5, 2014, at the J Apartment distance, damaged the pre-voting banner’s possession of the victims by using a improved improvement in the first name prepared by the victim I to cut off the banner from the floor by cutting the string of the banner. From that time to 21:30 on the same day, the Defendant returned to E from that time, from that time, from that time, the top and cell set up by the victim I for the promotion of the advance polling banner installed by the victim I as the top of the 440,000 market price of the 11st advance polling banner installed by the victim I, and the advance polling banner installed by the victim H, with one string of the 840,000 market price of the 21st advance polling banner installed by the victim H, thereby falling into the roadside floor.

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