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(영문) 서울중앙지방법원 2014.09.29 2013노4425
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, who was found guilty of charges based on false investigation by the Seoul High Court (Seoul High Court Decision 2013No1458, Jun. 28, 2013) that found the Defendant guilty of the charges based on the false investigation thereof, was merely representing the Seoul High Court (Seoul High Court Decision 2013No1458, Jun. 28, 2013). As such, the above act alone cannot be deemed as impairing the utility of the said gate, and furthermore, it constitutes legitimate act or self-defense. However, the lower court found the Defendant guilty of the facts charged

2. The crime of damaging public goods is established when it damages or conceals, or otherwise damages the utility of the goods used by public offices. Here, impairing the utility of the goods refers to making the goods in a state where it is practically impossible to provide them for the original purpose of use for the original purpose of use for appraisal (see, e.g., Supreme Court Decision 2007Do2590, Jun. 28, 2007). It also includes making the goods in a state where it is impossible to temporarily use the goods (see, e.g., Supreme Court Decision 2007Do2590, Jun. 28, 2007). The defendant’s act of speaking on the front board of Seoul High Court is not only impairing the function of the front board, but also making it impossible to use the goods for

In addition, objection to the result of a trial shall be governed by the normal procedure and means prescribed by the law, and the expression of the paragraph shall not violate the social rules, and it shall be reasonable in society.

However, the defendant's act of speaking for the "Seoul High Court" constitutes a legitimate act or self-defense, since it cannot be seen as an act that is reasonable to defend the current infringement of social ethics or social norms or its own legal interests.

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