Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On July 8, 2013, at around 10:30 on July 10, 2013, the Defendant, at the rooftop mechanical room of the building of the city of Busan, destroyed the above things owned by the owner of the building in order to repair cost of KRW 620,00.

Summary of Evidence

1. Legal statement of witness D;

1. Each photograph;

1. Application of the written estimate statutes;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant asserts that the Defendant’s act of damaging the cost of lawsuit constitutes self-defense or legitimate act as an act for the use of elevators, etc. for patients under medical care at the hospital operated by the Defendant.

In order to establish self-defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, the completion of the act of defense, and the type and degree of the legal interest to be infringed by the act

(see, e.g., Supreme Court Decision 2007Do1794, Apr. 26, 2007). Moreover, in order to recognize such a justifiable act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interests and the infringed interests, the fourth urgency, and the fifth means other than the act, should be determined individually.