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(영문) 서울중앙지방법원 2019.07.19 2018노3617
재물손괴
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the legal scenarios stated that the prosecutor appealeds on the grounds of mistake in the petition of appeal and the statement of grounds for appeal, but considering the contents of the written opinion dated June 12, 2019 (Supplementary to the grounds for appeal), it is reasonable to view that the Defendants’ act does not constitute a justifiable act, i.e., a misapprehension of the legal principles as to the legitimate harm of the victim E, etc.) as it goes beyond the scope of a justifiable act and thus, constitutes a crime of property damage.

2. The phrase “act that does not contravene social norms” under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, in order for a certain act to constitute a justifiable act, the requirements such as the motive or justification of the act, the reasonableness of the means or method of the act, the balance between the protected legal interest and the infringed legal interest, urgency, and any other means or method other than the act shall be satisfied.

(See Supreme Court Decision 86Do1764 delivered on October 28, 1986, and Supreme Court Decision 2002Do5726 delivered on November 28, 2003, etc.). Comprehensively taking account of the following facts acknowledged by the evidence duly adopted and investigated by the lower court and the circumstances inferred therefrom, the exact name of the Diplomatic Association, as described in the facts charged, is a L guard.

The term "Diplomatic Association" is referred to as "Diplomatic Association."

We affirm the judgment of the court below that the defendants' act of removing each notice posted at the entrance of the Gangnam Culture and Arts Distribution is reasonable to the extent permitted by social norms, and thus the illegality is dismissed. There is no error in the misapprehension of legal principles as to a legitimate act.

The prosecutor's assertion is without merit.

1. As in the instant case, churches

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