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(영문) 서울서부지방법원 2019.06.18 2018고정1078
재물손괴교사
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

Indictment

1. Defendant A’s property damage teacher is the secretary general of the management body of Seodaemun-gu Seoul Metropolitan Government building, Defendant B is the director general of the facilities division of the same management body, and the victim D Committee was under dispute as a operational problem with the above management body.

On May 28, 2018, at around 17:30, the Defendant directed B to cut off the wire of CCTV camera installed in the 9th floor corridor of the building in question, and caused B to cut off the wire of the above CCTV camera owned by the victim with the market price of at least 5:70,000 won by immediately using the construction section, thereby impairing its utility.

Accordingly, the defendant instigated B to damage the victim's property.

2. Defendant B’s property damage at the same time and place as that set forth in paragraph (1), cut the two wire wires of the CCTV camera owned by the victim, which is equivalent to KRW 570,000,00 in the market price, using the construction section, and caused its utility.

Accordingly, the defendant damaged the victim's property.

Judgment

Article 20 of the Criminal Act provides that "an act which does not violate social rules shall not be punished." Here, "an act which does not violate social rules" refers to an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether a certain act is justified as an act which does not violate social rules and thus, should be determined on an individual basis, based on specific circumstances, on the basis of the following: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the benefit and the benefit of infringement; and (iv) supplementaryness that there is no other means or method other than the act.

The evidence adopted and examined by this Court is recognized.

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