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(영문) 서울북부지방법원 2017.07.20 2017고단1717
재물손괴
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged of the instant case is a person who operates a PC room in the same commercial building as the victim C (48) is a person who operates the PC room.

On February 25, 2017, around 08:30, the Defendant removed a signboard owned by the victim (hereinafter “instant signboard”) set up on the first floor of the Seoul Special Metropolitan City, Nowon-gu D Building 1, and caused its utility.

2. According to the records, the Defendant: (a) had the victim install the instant signboard on his own business site; (b) had the victim granted permission to install the instant signboard; (c) had not received any consideration; (d) had the Defendant carried the instant signboard in good faith in consideration of the circumstances of the victim; (c) however, the Defendant appears to have talked about such fact as the need to remodel the victim; (d) the Defendant, who did not give any definite answer to the victim, was removed from the instant signboard while carrying out remodeling; and (e) can be recognized that the Defendant merely carried the instant signboard and maintained the signboard itself as it is without any other means or method; (b) in light of this, the Defendant satisfied the requirements such as the motive or justification of the act; (c) the means or method of the act; (d) the reasonableness of the means or method of the act; (e) balance between the benefit and interest in infringement; (e) urgency; and (e) supplement

On the other hand, it is reasonable to view Defendant’s act as a justifiable act, since it does not seem to be an act contrary to social norms to the extent that Defendant’s act should be punished.

3. In conclusion, the facts charged in the instant case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.

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