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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On October 208, 2008, the defendant, in the vicinity of the living cemetery of the victim D, adjacent to the factory of the defendant, who was established in the cemetery, destroyed the defendant's factory, by organizing the factory, six booms (at the market price equivalent to KRW 100,000,00) to be placed in the victim's cream and the cream powder (at the market price equivalent to KRW 100,000,000), and then damaged the property of another person, which was the temporary stone (at the market price equivalent to KRW 50,000) located in the cemetery.

Summary of Evidence

1. Legal statement of witness D;

1. Part concerning D's statement in the second interrogation protocol of the defendant against the police;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel, even if the defendant committed an act identical to that stated in the facts charged.

Even though the above act is against the goods installed without permission on the land of the defendant, it is argued that the illegality is excluded because it constitutes a justifiable act that does not violate the social rules stipulated in Article 20 of the Criminal Code.

2. The "act that does not violate the social rules" in Article 20 of the Criminal Act refers to the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms, which is located behind it. Whether a certain act is justified as a legitimate act that does not violate the social rules, and thus, the illegality should be avoided, based on specific circumstances, and should be determined individually. Thus, in order to recognize such legitimate act, first, the motive or justification of the act, second, the reasonableness of the means or method of the act, third, the benefit of protection and the benefit of infringement.