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The defendant shall be innocent.
Reasons
1. Facts charged;
A. On April 17, 2016, the Defendant damaged the property by removing the key agents of the church’s correction device amounting to KRW 190,000,00, which is the victim F of the E church located in the E church set up in the E church set for the purpose of putting the door of the distribution to the art distribution unit located in Chungcheongnam-nam budget group D, in order to set up the art distribution unit, from around 09:0 to 10:30.
B. On April 17, 2016, the Defendant infringed on a structure: (a) removed the digital fishing village of the E church that was set out in the E church distribution in the Chungcheongnam-nam Budget Group D from the 10:30 on the 17th day; (b) removed the digital fishing village of the E church; and (c) intruded on the distribution of the worship.
2. The "act that does not violate the social norms" under Article 20 of the Criminal Act refers to the act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. In light of the above legal principles, in light of the evidence submitted by the prosecutor and the evidence submitted by the defendant, the act of the defendant is justified as a legitimate act that does not violate the social norms, and thus, should be judged individually by considering the specific circumstances. Thus, in order to recognize such a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of infringement; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2003Do300, Sept. 26, 2003). In light of the above legal principles, in light of the evidence submitted by the prosecutor and the evidence submitted by the defendant, the defendant's act of the defendant does not violate social norms.
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