logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.04.11 2012고정1502
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 19, 2011, the Defendant damaged the property by bringing about the Defendant’s oral remarks equivalent to KRW 792,940,00,000, such as the victim D’s camper, owned by the victim D, who resides in the fourth floor of Jongno-gu Seoul Metropolitan Government, on the ground that it is not good to view that the signals of the residents in the fourth floor of Jongno-gu Seoul Metropolitan City were not arranged.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by witnesses D in the fourth trial records;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the investigation report (the new purchase receipt), the investigation report (general), and the investigation report (the general telephone statement hearing of the published won);

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant's act of destroying the victim's confidence who renounced ownership by neglecting the ownership despite the recommendation of general secretary constitutes a justifiable act. However, such an act by the defendant is reasonable

Inasmuch as it does not seem that balance exists between the defendant's interest and the victim's interest are infringed, it cannot be viewed that there is no urgency or other means or method. Thus, it cannot be said that illegality is excluded as legitimate act that does not violate social norms.

Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

arrow