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(영문) 대구지방법원 2014.09.24 2014고정1079
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 26, 2013, in collaboration with Nonindicted Party C, the Defendant: (a) entered the F office of the F office of operation of the victim E (Nam, 45 years old) with corrective devices located in Daegu-gu Dong-gu, Daegu-gu, as well as the post delivery department, in which female employees G opened the door against the will of other victims and intrudes into the room occupied by others.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of the DNA image;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 319 (1) of the Criminal Act;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (50,000 won a day);

1. The defendant and his defense counsel asserts to the effect that the crime of this case does not violate social rules and constitutes a justifiable act. The defendant and his defense counsel asserted that the crime of this case does not violate social rules.

However, the "act which does not violate social rules" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and what act is legitimate that does not violate social rules, and the illegality of which act is excluded should be determined individually, based on specific circumstances, under which the motive or purpose of the act is legitimate, the reasonableness of the means or method of the act, the balance between the third protected benefit and infringed benefit, the fourth urgency, and the fifth supplementary nature that there is no other means or method other than the act.

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