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(영문) 창원지방법원 2016.11.24 2016노1374
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was exercising the right of retention on the building D Hospital (hereinafter “instant building”) located in Gyeongnam-gun, Gyeongnam-gun, and the victim installed a lock locking device in the instant building without a legitimate title. The Defendant’s act of cutting the device constitutes a legitimate act.

Therefore, the judgment of the court below that found the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles.

2. We examine the judgment of the court below, and the defendant asserted as the above reasons for appeal, and the court below rejected the defendant's assertion in light of the circumstances as stated in its reasoning.

Examining the judgment of the court below closely with the records, the judgment of the court below is just and acceptable, and the defendant's assertion is without merit.

[Supplementary Parts: The Yongsan District Court rendered a provisional disposition that prohibits a defendant from entering the building of this case on September 16, 2015, and the defendant filed an objection to this decision, but the decision to authorize the provisional disposition became final and conclusive on October 8, 2016 (see, e.g., Changwon District Court Decision 2015Kahap5019, 2015Ra1051, 2015Ma1051, Masan District Court 2016Kahap509, 2016Ra1042, etc., the Busan High Court Masan District Court 2016, and the Busan High Court Masan District 2016Ra1042, etc.).

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