Text
Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
around 20:00 on March 9, 2014, the Defendant cut off 34 bags owned by 34 occupants of the above apartment 102 Dong 1, 2Ra, 34 households, 102 Dong 1, 102 Dong 1, 2Ra in each household unit in Gwanak-gu, Seoul Special Metropolitan City.
On March 9, 2014, the Defendant, at around 21:50 on March 21, 2014, assaulted the head part of the victim E (the age of 56) at one time by hand on the part of the victim E (the age of 56) in the second floor of the apartment apartment in Seoul Special Metropolitan City, Seoul Special Metropolitan City, as a matter of public announcement related to the council of occupants' representatives.
Summary of Evidence
[2014 High Court Decision 2206]
1. Partial statement of the defendant;
1. Partial statement of witness D;
1. Postal items carried by mail at the time;
1.CC-TV photographs, and envelope photographs (2014 Highest 272);
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes on witness D and E's partial statement;
1. Relevant Article 329 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the selection of a fine for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The phrase “act which does not violate social rules” under Article 20 of the Criminal Procedure Act regarding the Defendant’s assertion of justifiable act under Article 334(1) of the Provisional Payment Order refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, a certain act satisfies the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance of the protected interest and the benefit of infringement, urgency, and supplementary nature that there is no other means or method other than the act.
(see, e.g., Supreme Court Decision 2013Do8683, Oct. 17, 2013). However, the mail sent by 34 households, 102 Dong-dong 1 and 2Ra, supra.