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(영문) 청주지방법원 2018.09.14 2018노111
재물손괴
Text

The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. The summary of the grounds of appeal (misunderstanding of the facts and legal principles) is that the injured party moves to another place the head of the Sincheon-gun C (hereinafter “the instant land”) which uses the Manty house (hereinafter “the instant head”), but the Defendant did not intentionally destroy the instant head as in the facts charged of the instant case, and the Defendant was unable to move the Defendant’s vehicle from the instant land to the village (hereinafter “the instant road”) under the circumstance that the Defendant’s vehicle cannot move from the wind to the village, and thus, the Defendant’s act constitutes a justifiable act that does not go against social rules. However, the lower court found the Defendant guilty of the facts charged of the instant case, by misapprehending the legal principles, and by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. On October 15, 2016, at around 11:00, the Defendant: (a) destroyed the instant facts charged by putting the victim D into the roads adjacent to the village from the Yancheon-gun, Chungcheongnamcheon-gun, and making a cryp to the road and causing inconvenience to the traffic of the vehicle; (b) putting the cryp to the said cryp; and (c) towing the cryp to the towing cryp of the vehicle owned by the Defendant, leading the cryp to the towing cryp of the vehicle, leading the cryp to the towing cryp of the vehicle owned by the Defendant.

Accordingly, the defendant damaged the victim's fluorial house in the market price.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following evidence.

(c)

The judgment of this court 1) The "act that does not violate the social norms" prescribed in Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of the legal order or the social ethics or social norms surrounding it. Thus, a certain act is justifiable as to the motive or purpose of the act, and the means or method of the act.

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