The defendant shall be innocent.

1. In the facts charged, the Defendant filed a civil petition with the victim C in the vicinity of the Defendant’s residence to the fugitive dust generated during construction and the Eunpyeong-gun, the competent authority, and the victim’s surrounding area is not good for mutual appraisal as a day surrounding the Defendant’s residence.

At around 15:00 on July 21, 2012, in order to prevent dust dust in the vicinity of the Defendant’s residence located in Gyeonggi-gun D, the Defendant laid down a dust bar installed by the victim C without having to enter the place of residence, and caused the Defendant to remove and dismantle the connecting part of the dracking the dracker using the dracker without permission, thereby causing the Defendant to cover the costs of installing the dust 1,923,000 won in a 1,923,000 won.

2. To recognize a certain act as a self-defense, the act is to defend against the current infringement of one’s own or another’s legal interest, and thus, considerable nature is required. Thus, not to recognize legitimate self-defense against an unlawful and lawful infringement, and whether the act of defense is socially reasonable should be determined by taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the act of infringement, the method of infringement, and the type and degree of the legal interest to be infringed by the act of defense.

(See Supreme Court Decision 2003Do3606 Decided November 13, 2003, etc.). According to the records of this case, C performed restoration work on the F land owned by the principal in Pyeongtaek-gun of Gyeonggi-do. The defendant filed several civil petitions with government offices on the ground that the defendant had a considerable dust in G, H’s dwelling area, and H’s dwelling area, and suffered damage to the defendant’s dwelling due to the above restoration work, and I placed the defendant’s dwelling in the shape of “cream” except gate in the vicinity of the defendant’s dwelling in D on June 12, 2012.