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수원지방법원 2013.12.04 2013노4440

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) was that the Defendant, including the victim G, installed a tent within the school without permission from the school authority, brought in the electricity of the school, and failed to comply with the Defendant’s request for removal of the tent, cut electric wires, and removed tents, such as a tent, by obstructing the Defendant’s academic schedule.

Therefore, since the defendant's act of cutting electric wires is to prevent the above union members from using electric power without permission, it does not constitute a constituent element of the crime of causing property damage, or illegal act constitutes a justifiable act. Meanwhile, the defendant's act of cutting electric wires does not constitute the element of the crime of causing property damage, but is moved to the underground parking lot of the school as it is, and thus, it does not constitute

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court on the part of the act of cutting electric wires, the fact that the Defendant cutting the electric wires owned by the above university labor union members including the victim G by using the cutting machine can be acknowledged, and this constitutes the elements of the crime of causing property damage.

Furthermore, the following circumstances revealed by the evidence revealed as to whether the Defendant’s act of cutting the electric wires constitutes a justifiable act, namely, even if the Defendant’s act of cutting the electric wires aims to prevent the victims from using the electric wires without permission, it is not reasonable in the means and method, and there is no urgent and special circumstance that the Defendant should not cut the electric wires, and the Defendant’s use of the electric wires without permission, other than the act of cutting the electric wires.