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(영문) 의정부지방법원 2016.06.23 2016고정801
재물손괴
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, who is engaged in the construction business, was engaged in the construction of 102 apartment units C, but did not receive the construction cost, and thus, was replaced by the entrance entrance of the above 102, 101, 103, and 202, on November 1, 2015, the Defendant damaged the unclaimed repair cost in the market.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant's act constitutes a justifiable act because it does not violate social norms. However, such an act of the defendant does not seem reasonable, and it has supplementary nature that there is no urgency or other means or method.

Therefore, it cannot be seen that illegality is excluded as a legitimate act that does not violate social rules.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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