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(영문) 수원지방법원 여주지원 2013.05.27 2013고정24
재물손괴
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 07:00 on May 13, 2012, the Defendant destroyed the old-marine and vinyl in an amount of KRW 1,300,00 by walking a vinyl of about 550 square meters in the above dry field, on the ground that the Defendant’s mother, despite being aware of the fact that the Victim G has planted the high-gu mother species in the dry field of KRW 1,445, the Defendant was unable to grow up properly by walking a vinyl of about 550 square meters in the above dry field.

Summary of Evidence

1. Partial statement of the defendant;

1. Any statement made in compliance with the protocol of examination of the witness in relation to the G of this court;

1. Damage photographs;

1. Determination as to the defendant and his/her defense counsel's assertion in an investigation report (the hearing of the victim's telephone statement)

1. The act of the defendant is a legitimate act, since the mother of the defendant has cultivated with land 40 years or more by the mother of the defendant, where the claimed victim is where the mother of the mother of the defendant is in depth.

2. The "act that does not violate the social rules" under 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 surrounding it, and whether a certain act is justified as a legitimate act that does not violate the social rules and thus, the illegality is excluded should be determined on an individual basis, based on the specific circumstances, by examining and determining it individually.

(See Supreme Court Decision 2007Do6243 Decided December 24, 2009, etc.). In light of the following circumstances: (a) the health care unit and the mother of the defendant have occupied the above land for a long time; (b) even if they have occupied the above land, it is not clear whether the prescription for acquisition by possession has expired; and (c) the victim has lawfully leased the above land from the owner of the above land to the mother of the defendant, and thus the mother of the defendant has occupied the above land for a considerable period of time or the mother of the defendant has become an abstract.

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