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(영문) 서울서부지방법원 2016.06.16 2016노132
재물손괴등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The victim E-B is not in the position of the representative or officer of the Association C, and therefore, the above Association E-B did not have the authority to possess the office of the Association (hereinafter “instant office”). The Defendant intended to enter the instant office to deliver the office upon request from the person in charge of the Ministry of Environment, who is the managing authority of the pertinent office, to leave the office of this case. At the time, the Defendant did not have the intent to commit property damage or residential intrusion because, by cutting the locks from G, who is a legitimate president of the above Association, and cutting the locks from G, who is the legitimate president of the above Association, and delivered them.

B. A. The defendant's entry into the office of this case as above constitutes a justifiable act.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles or thereby affecting the conclusion of the judgment.

B. The lower court’s punishment (an amount of KRW 500,000) against the Defendant for the wrongful assertion of sentencing is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The court below rejected the above assertion in detail by the defendant's defense counsel's assertion that there was no intention to damage property or infringe upon residence, on the ground that this part of the appeal was the same as the ground for appeal, and on the judgment of the court below, the court below rejected the above assertion in detail.

Examining the judgment of the court below compared with the records, the judgment of the court below is justifiable.

B. 1) Determination on the assertion of a justifiable act is based on Article 20 of the Criminal Act and the phrase “act that does not contravene the social norms” means an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. As such, a certain act is based on the motive or justification of the act, the means or method of the act, the reasonableness of the means or method of the act, the legal interests and the interests of the law.

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