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The defendant shall be innocent.
Reasons
1. On March 25, 2013, around 23:54, the Defendant alleged the issue of excessive premium in relation to the victim F and the shop shop occupants in the E-child Hospital located in Namyang-si, Namyang-si, and the victim was dismissed, and the victim was working for the above hospital to find evidence of the unfair dismissal. However, on the ground that the above entrance was set off, the above office and entrance was set off at a watch and damaged the above office and entrance knife in the market price owned by the victim by destroying the above office and entrance knife.
2. Determination
A. “Act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, if a certain act satisfies the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the protected interest and the infringed interest, urgency, and supplement that there is no other means or method other than the act, it constitutes a justifiable act.
I would like to say.
(see, e.g., Supreme Court Decision 2013Do6761, Jan. 16, 2014). (B)
In light of the records of this case, the following facts are recognized:
1) At around 1994, the Defendant came to know of F who was a professor of the above hospital while working in the G Hospital Infant Department, where he was born, around 1994.2) The Defendant, from March 201, served as an employment doctor at the Changwon city as an employee doctor at the Changwon city, and around September 201, proposed the opening of a specialized child hospital to F who operated the hospital under the trade name, “E Juvenile Juvenile Council member” in Overcheon, which was called “E Juvenile Council member.”
3) Following the lease of 202 and 401 to 404 of the 2nd floor and 404th floor in the Doyang-si, Namyang-si, and around December 7, 2011, F is a hospital with the trade name “E Youth Hospital” (hereinafter “instant hospital”).
(4) The Defendant opened the hospital at the stage of preparing the opening of the hospital in this case.