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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of the corporation B, which aims to carry out construction such as apartment sale, and from around 2009 to the Busan Shipping Daegu C, the defendant is the person who is promoting the project of the regional housing association and the victim corporation D is the person who objects to the project of the said regional housing association.
On March 25, 2017, at around 11:25, the Defendant: (a) removed a banner with the content of opposing the regional housing association established by the said victim company from three-meter tree knife, using a tool manufactured by combining the knife into the upper floor, at around 11:25, the Defendant damaged 20,000 won at the market price of the victim company by the same method until early May 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. Written estimate;
1. The Defendant’s determination on the Defendant’s assertion of removal photographs, such as removal photographs, removal photographs, etc., was found to have failed to install the above banner as a result of questioning on E or D’s side.
It is argued to the effect that there was no intention of damage to property since the person who received the answer and tried to think that the illegal banner could not be known, and that there was no intention of damage to property. However, E responded as above.
In light of the state of banner, it is sufficient to say that a banner is owned by any person, and even if it is installed without permission, there was an intentional act of damage to property as long as the defendant, who does not have the right to remove it, arbitrarily removed it, even if it is installed without permission.
The decision is judged.
In addition, the defendant seems to have asserted that removing illegal banner constitutes a justifiable act, but the defendant has the right to remove it.
It shall not be deemed a justifiable act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;