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(영문) 춘천지방법원 2012.01.19 2011고정706
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 2, 2011, around 16:59, the Defendant damaged an unregistered property at the market price, which is the victim’s ownership, by spreading a prefabricated-type building outer wall owned by the victim D, as soon as possible, to the effect of the prefabricated-type building outer wall owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant and his defense counsel asserted to the effect that D's roshion so as not to write down any text that impairs the defendant's reputation any longer on the wall, which constitutes self-defense.

On the other hand, acts such as the criminal facts in the judgment of the defendant constitute the scope of passive defensive acts against the present unfair infringement of one's legal interests.

The above assertion by the defendant and his defense counsel cannot be accepted as a reasonable act that is socially acceptable or acceptable by social norms, since it cannot be seen as an act.

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