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(영문) 서울중앙지방법원 2016.04.15 2015고정3308
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant re-entered to the C market D shop operating chairperson around April 1, 2014, the same year due to unreasonable operation, etc.

8. At around 8. F1. F.C., upon receiving notice of suspension from office for suspension from office, the company called “C market company” to continue its business and mobilized E to damage the door of the office for its operation.

On June 14, 2015, at around 19:30 on June 14, 2015, the Defendant instructed E to open the entrance entrance which is corrected in order to prevent access to the Defendant’s office due to suspension from office due to suspension from office by G who is the accounting official, and by the unmanned H H, from entering the office of the Jung-gu Seoul Metropolitan Government Office. On June 14, 2015, the Defendant forced E to open the entrance which requires approximately KRW 750,000 of the repair cost using the omitted.

Accordingly, the defendant jointly destroyed the office entrance of the commercial building operation association owned by E. I.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Recording of each statement by a witness G, H and J in the third public trial records;

1. Some statements made in the police interrogation protocol concerning E;

1. Application of the Acts and subordinate statutes to damaged photographs and estimates;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 366 of the Criminal Act; the selection of fines, and the selection of fines.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion of justifiable acts by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument that the defendant's office entrance as stated in the facts constituting a crime is a legitimate act to perform his/her duties as the head of a commercial building operation center.

2. Determination

A. The phrase “act which does not contravene social norms” as stipulated in Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and it does not violate social norms.

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