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(영문) 전주지방법원 2013.05.24 2012노1261
공유수면관리및매립에관한법률위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles and records, the non-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

B. In light of the overall conditions of sentencing on the sentencing, the lower court’s sentencing penalty of KRW 1,00,000 (fine 1,000) is too unreasonable.

2. Determination on the grounds for appeal

A. 1) The lower court determined that the Defendant’s act of installing the instant water structure cannot be deemed as the only means or method that can be taken under the circumstances at the time as an act to avoid the present danger, and it does not violate social norms, and it does not constitute a case where the Defendant’s act of installing the instant water structure and/or failure to comply with the order to reinstate the water structure does not constitute a justifiable act under Article 20 of the Criminal Act or an emergency evacuation under Article 22(1) of the Criminal Act. 2) The “act that does not violate social rules” under Article 20 of the Criminal Act of the judgment of the lower court refers to the act that can be permissible in light of the overall legal order, or the social ethics or social norms surrounding it, and any act does not violate social rules.

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