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(영문) 창원지방법원 밀양지원 2015.08.20 2015고정125
재물손괴
Text

The defendant shall be innocent.

Reasons

1. On December 2, 2014, the Defendant, as a service manager of the security company B’s trade name, committed an act of using three franking cards with the content of exercising a lien equivalent to 150,000 won at the market price of the victim’s ownership, which was installed on the victim’s external wall located in Daa-gun, from around 11:40 to around 11:40 on December 2, 2014.

2. To recognize a certain act as a self-defense, the act is to defend against the current infringement of one’s own or another’s legal interest, and thus, considerable nature is required. Thus, not to recognize legitimate self-defense against an unlawful and lawful infringement, and whether the act of defense is socially reasonable should be determined by taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the act of infringement, the method of infringement, and the type and degree of the legal interest to be infringed by the act of defense.

(2) On September 18, 2014, the Plaintiff filed an application for voluntary auction with respect to the building and the site of the D Company, as stated in the facts charged against F, and filed an application for voluntary auction on January 22, 2013 with the Changwon District Court (hereinafter referred to as the “D Company”), and the Defendant provided security services for the said D Company’s building and site at the request of the instant Company, as a staff member of the Changwon District Court in charge of the security service chain, and the Defendant provided security services for the said D Company’s building and site. The victim is the legal spouse of the F, who is the victim, by asserting that “The Plaintiff occupied the building and site of the said D Company as it did not receive construction cost of KRW 450,000,000 from F, and thus, reported the right to retention on September 18, 2014.”

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