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(영문) 수원지방법원 안산지원 2015.11.06 2015고정1463
건조물침입
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

At around 10:30 on August 25, 2015, the Defendant intruded into a structure by entering the above church against the will of the victim E who is a manager.

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel asserts that the act of the defendant does not constitute an emergency evacuation. "act which does not violate social rules" under Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as an act which does not violate social norms, must be determined individually by considering the specific circumstances and on a reasonable basis. Thus, in order to recognize such a legitimate act, the following requirements should be met: first, the motive or justification of the act; second, the reasonableness of the means or method of the act; third, the balance between the benefit and the benefit of infringement; fourth, it is urgent; fifth, the supplementary nature of the act, other than the act, does not have any other means or method (see, e.g., Supreme Court Decision 2005Do4688, Sept. 30, 205); second, Article 22 (1) of the Criminal Act refers to an act which requires considerable harm to the victim's own or other person's benefit.

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