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(영문) 대전지방법원 2017.10.12 2017노838
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The judgment of the court below is reversed.

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

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ act of misunderstanding facts and misapprehension of the legal principles does not constitute damage, and even if it falls under this, illegality is excluded as a justifiable act.

Therefore, the lower court erred by misapprehending the legal doctrine on the property damage and lawful act, thereby adversely affecting the conclusion of the judgment, on the grounds that the lower court recognized the Defendants as having committed special damage.

B. The sentence of the lower court’s improper sentencing (a fine of two million won per fine) is too unreasonable.

2. Determination

A. On the assertion of facts, the court below's determination is established when the crime of damaging property under Article 366 of the Criminal Act is committed when it damages or conceals another's property or impairs its utility by other means. Here, the crime of damaging the utility of property refers to making the property in a state where it can not be used for its original purpose due to appraisal, and it includes making the property in a state where it cannot be used temporarily. In particular, in light of the purpose and function of the building in question, the effect of the act on lighting, ventilation, and view of the building in question on the surface of the building, the impact of the act on the lighting, ventilation, and view of the building in question, the difficulty and difficulty of restoring the building to its original state, the purpose and continuity of the act, and the circumstances at the time of the act, etc., and it is difficult for the defendants to regard it as a part of the social norm (the defendants' action in this case's outer wall and its outer wall).

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