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(영문) 춘천지방법원 2016.12.15 2015노1124
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios) is as follows: (a) the victim placed a banner exercising the right of retention in the absence of a legitimate right of retention; (b) caused damage to the Defendant, such as failure to obtain loans; and (c) the victim directly removed the banner after inquiring of the police station and viewing method by failing to voluntarily remove the banner; and (d) the Defendant directly removed the banner, the Defendant’s act does not constitute a legitimate act or legal mistake.

2. The Defendant also asserted the same purport in the lower court, and the lower court, in detail, rejected the Defendant’s assertion, and convicted the Defendant of the facts charged in this case.

Examining the evidence duly admitted and investigated by the court below with the records, the judgment of the court below is just, and there is no error of misconception of facts or misapprehension of legal principles.

(1) According to the reasoning of the judgment below, the Defendant’s direct act of damaging the banner without undergoing lawful procedures for removal of banner in the absence of legal judgment as to the establishment of the right of retention is unlawful and it cannot be deemed a legitimate act or self-defense. (2) Even if the Defendant’s right of retention of the victim was not legally established, the Defendant asserted that the Defendant was aware of the banner installed illegally and gave advice to directly remove the banner from the prime audience, and that there was no legal error. (3) The Defendant’s appeal is without merit, and thus, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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