logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.08.29 2018고정214
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant and the victim D are those who operated a partnership with each other as the implementer of E. The Defendant, between July 2, 2017 and July 17:05, the Defendant: (a) 104, the Guro-gu Seoul, Guro-gu, Seoul, a standing signboard with the market value of KRW 80,000, and a copy of the market-free notice, which the victim attached in front of the office, were removed as a hand, and had the effects of the operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A notice photograph, a notice file printing, and a real estate lease agreement (the defendant and his defense counsel are suitable for the defendant to remove standing signboards and a guide as above, but the victim arbitrarily occupied the above office with his/her own permission for prohibition of entry and exit, and attaching a notice stating the content of defamation to the defendant. This is itself a tort against the defendant.

Therefore, the defendant's above act is alleged to the purport that it constitutes a legitimate defense. However, in light of the fact that the defendant's act of destroying standing signboards and guidance does not have a special direct relationship with the resolution of access restriction to the defendant, and the contents stated in the above notice, the above act of the defendant cannot be seen as a legitimate defense as stipulated in Article 21 of the Criminal Act. Thus, the above argument should not be accepted.) The application of the law.

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow