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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2020.12.18 2020노474
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Since the summary of the grounds for appeal is illegally posted by the defendant, a notice, signature paper, banner, etc., it cannot be the property of another person which is the object of the crime of causing property damage;

In addition, the act of removing the defendant is a legitimate act because it is the act of removing illegal notices.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in mistake and misapprehension of legal principles.

2. According to the evidence duly adopted and examined by the lower court, the notice, signature paper, banner, etc. (hereinafter “instant notice”) presented by the Defendant appears to have been posted by the victim, who is the chairperson of the council of occupants’ representatives of the instant apartment complex, through legitimate procedures. Therefore, it is difficult to view it as illegal notice.

Therefore, the instant notice constitutes “other’s property” which is the object of the crime of destroying and damaging property, and the Defendant’s act of removing it cannot be deemed as a justifiable act.

Therefore, the defendant's assertion is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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