(영문) 수원지방법원 여주지원 2019.08.13 2019고정56

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줄 간격

자간(%)

(영문) 수원지방법원 여주지원 2019.08.13 2019고정56

재물손괴

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in commerce in B as “B” and is related to C (59 years of age).

At around 10:30 on September 10, 2018, the Defendant visited the “E” clan No. D, and attempted to use the beginning of the container stored in the container. However, on the ground that C, a manager, did not intentionally contact the key of the container without intentionally contact, the Defendant: (a) destroyed the knick right hand hand hand hand hand hand hand hand hand hand hand hand hand of the container owned by the victim Fife Society and G; (b) destroyed the right hand hand hand hand hand hand of the container owned by the victim Fife Association and the victim G; and (c) damaged the repair cost-free property by setting the entrance to the right hand.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Damage photographs;

1. Application of the Act on the Statement of Evidence C

1. Article 366 of the Criminal Act applicable to the crimes;

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

1. As to the claim of Article 62(1) of the Criminal Act of the suspended execution, the Defendant asserts that the Defendant destroyed the right hand of the container of this case and obstructed the right entrance, and that it constitutes a legitimate act, as it was destroyed by the victim G C to remove the key to the entry of the container of this case, and used the entrance in order to prevent the theft of goods in the container of this case.

Whether a certain act constitutes a legitimate act as a ground for excluding illegality should be determined reasonably in accordance with specific cases. To recognize a legitimate act, the following requirements should be met: legitimacy of motive or purpose of the act; legitimacy of means or method of the act; reasonableness of the means or method; third legal interests and right of infringement; fourth urgency; fifth urgency; and fifth supplementary requirements that there is no other means or method other than the act.

Supreme Court Decision 201Da1448 delivered on January 26, 199

참조조문

유사 판례

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