(영문) 인천지방법원 2017.02.08 2016노3871 | 리걸엔진

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(영문) 인천지방법원 2017.02.08 2016노3871

재물손괴

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Legal principles 1) The defendant was holding office as representative director

E (hereinafter referred to as “E”) in the course of carrying out construction works by the injured party, which may be damaged by the banner installed at the site of the construction site for the purpose of exercising the right of retention (hereinafter referred to as “instant banner”).

After the judgment of the law firm's advice, the victim has sufficiently given the opportunity to collect the banner of this case. In addition, if the victim does not comply with it, it would be expected to collect the banner of this case and keep it in a separate place, so it would be known that the victim will find it later.

In the same way, the defendant removed the banner of this case, thereby infringing the utility of the banner of this case, or had the intent to commit the crime of damaging the property at that time.

It is difficult to see it.

2) In light of all the circumstances such as the possibility of remedy for rights according to the civil procedure, the realization of prompt rights, and the delay of construction, the E Co., Ltd. (hereinafter “E”) will be deemed to be an E Co., Ltd. (hereinafter “E”), the Defendant’s act should be deemed to be dismissed as a justifiable act that does not violate the social norms.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to KRW 500,00) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The Defendant is the representative director E of the facts charged in the instant case, and the victim H is a person who is exercising the right of retention against the Defendant’s company.

Around November 2, 2015, the Defendant posted the instant banner (section 2) equivalent to KRW 400,000 at the market price of the phrase “GI Chairperson” in order for the victim H to exercise the right of retention in the outer pents of the building site of “G hotel” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. The Defendant ordered the J of the security guards working in that place to remove the said banner.

유사 판례

-인천지방법원 2017.2.8.선고 2016노3871 판결

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-대전지방법원 천안지원 2018.10.24 2018고합175

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