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(영문) 광주지방법원 순천지원 2015.07.15 2013고정358
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the owner of crowdfunding.

On December 13, 2012, around 09:15, the Defendant: (a) at the site of Cweves Corporation located in Cweves Corporation (the State), E-technical directors (the age of 43) destroyed the tearing effect by means of a sound improvement that prepared three copies of the plug card owned by the victim at the site fence in order to exercise the right of retention.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. A report on the occurrence of loss;

1. Application of statutes on site photographs;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement [The defendant does not claim any right of retention as to the aforementioned waves, even though the victim is not a legitimate lien holder, in the position of the owner of the right of owner of the Daves (the victim does not claim any right of retention as to the Daves).

3) Determination as to the Defendant and the defense counsel’s assertion

1. The defendant and his defense counsel asserted that "the defendant damaged a frack card installed for the exercise of the right of retention in the position of the owner of Cweves as the owner of Cweves, notwithstanding that the victim is not a legitimate holder, and such an act is for the purpose of not unfairly interfering with the defendant's right as the owner of the building from the victim who is an illegal occupant."

2. The "act that does not violate the social rules" of Article 20 of the Criminal Code refers to the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and the specific circumstances are that certain act is excluded from illegality as a legitimate act that does not violate the social rules.

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