logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.10.11 2017노873
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

The judgment of the court below that found the criminal facts in violation of the rules of evidence was unlawful on the basis of the victim, F, and G’s statements with interest and pictures that are hard to identify the identity of the defendant, etc.

misunderstanding of the legal principles (related to the defense of a political party or legitimate act) the defendant is a majority equity right holder of the so-called so-called so-called "the so-called 40 form of the above so-called so-called "the defendant uses the defendant, and the victim does not have the right to establish the father of this case as stated in the judgment of the court below, and rather, the injured party, who connects with the steel system,

Therefore, even if the defendant removed the above side, it constitutes legitimate defense or legitimate act as a legitimate management act.

Judgment

The defendant argued to the same effect as the grounds for appeal in the original judgment, and comprehensively considering the evidence and circumstances of the judgment, the facts constituting the crime in the original judgment shall be sufficiently recognized.

The defendant's act satisfies the requirement for a legitimate act (for a certain act to be recognized as a legitimate defense, it must be reasonable to protect the current infringement of his or other person's legal interest. 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 infringing act, method of infringement, the complete payment of the infringing act, and the type and degree of the legal interest to be infringed by the defense act) or the requirement for a legitimate act (the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance of the legal interest to be protected and infringed, urgency, and any other means or method other than that of the act).

This is the data submitted by the defense counsel to the trial of the defendant and the result of the defendant examination in the trial of the party.

arrow