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(영문) 인천지방법원 2019.02.01 2018노3691
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that part of the building in which the victim resides was built, and thus, each of the crimes of this case was inevitably committed because it was not accepted even though the request for correction was not made, and thus, constitutes a justifiable act. Even if the defendant was found guilty, the punishment of the lower court (2 million won) is too unreasonable.

2. Determination:

A. The lower court’s determination on the assertion of misapprehension of the legal doctrine reveals the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the Defendant: (a) destroyed the victim’s property by destroying the entrance door and fence of the victim’s residence; (b) cutting the roof and wall of the victim’s residence; and (c) destroying the victim’s property by making the toilet fall short of the toilet; (d) the head of Incheon Urban Corporation’s public property management team effectively leased the part the Defendant’s assertion that the Defendant was a passage at the prosecutor’s office; and (c) stated to the effect that the passage for the Defendant’s house to go to the Defendant’s residence was possible to be reconstructed in another direction; and (d) even if the part of the victim’s house was invaded by the Defendant’s residence, the Defendant’s act of destroying the victim’s roof and wall cannot be deemed a legitimate act of damaging the victim’s property without due process.

Defendant’s assertion is without merit.

B. Even when considering the fact that the defendant's decision on the assertion of unfair sentencing is old and economically unreasonable, the defendant's act of destruction has a roof and wall of the victim's residence, thereby hindering the peace and peace of residence, and economic damage caused by the defendant's crime seems to be considerable, and the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime.

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