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(영문) 춘천지방법원 강릉지원 2017.02.22 2015고정110
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. The summary of the facts charged in the instant case is the general affairs and employees of D (State).

On October 30, 2014, 18:05 - 18:16, the Defendants removed a banner (4,5 meters wide, 90 cents) 2, which is set up in front of the entrance door of the F Site located in Gangnam-si, Gangnam-si, 18:16, for the reason that it does not reveal any substance without any understanding of the two points, and slanders one’s company, thereby hindering the implementation of the F Project, the Defendants removed the banner by means of cutting down the reduction of each banner, and removed it.

The Defendants jointly carried out the utility of banners equivalent to KRW 90,000.

2. Prosecutor’s intent of indictment and summary of the Defendants’ assertion

A. The prosecutor charged the instant indictment on the premise that the victim’s act of installing banner was unlawful, even though the victim’s act of installing banner was without title, without following due process, and the act of self-help was unlawful.

B. On the summary of the Defendants’ assertion, although the Defendants acknowledged factual relations, the Defendants did not merely refer to the act of installing a banner by the victim, but also to the act of obstructing the business affairs of D (State) to which the Defendants belong, and the act of removing the banner by the Defendants constitutes a minimum defense to resolve the continuous and present infringement caused by the said criminal act by the victim, and thus, the act of removing the banner constitutes a legitimate defense.

3. Determination

A. The self-help act without due process, such as civil procedure, even though a person is a substantive right, shall be deemed an unlawful act in principle as long as the elements of the crime are met. However, the act of defense shall be deemed an unlawful act in light of all specific circumstances, such as the type, degree, method of infringement, the completion of the infringing act, and the type and degree of the legal interest to be infringed by the defense act.

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