Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant, a State-owned land, is a person permitted to occupy and use public waters for the purpose of having access to a factory and farmland with respect to Kimpo-si B (hereinafter “instant land”), a State-owned land, for the purpose of having access to the factory and farmland, and the victim C is a person constructing a factory in D (hereinafter “instant land 2”).

around 14:00 on July 16, 2017, the Defendant destroyed the pipes by cutting approximately KRW 2,040,000 for restoration costs, using pokes, on the ground that the pipes installed on the instant land No. 2 by the victim C infringed on the instant land No. 1.

[Defendant and defense counsel asserts that the defendant's act does not constitute the elements of the crime of damage, since he knew that the pipe installed by the victim was invaded by the victim's violation of the land No. 1 of this case and it was installed with the knowledge that the defendant would have to remove it. Thus, the defendant's act does not constitute the elements of the crime of damage

However, even if a damaged person who can be recognized by the record fully takes into account the details, costs, and conditions before and after the installation of pipelines, the damaged person can remove them.

I think that he installed pipes or installed pipes with the understanding that he would remove them.

shall not be deemed to exist.

In addition, the defendant and his defense counsel's act does not violate social norms.

Although it is alleged to the effect that the act constitutes a self-help under the Criminal Code, it is called a self-help under the Criminal Code.

The term "act that does not violate social rules" means an act to avoid the impossibility or significant difficulty of the exercise of the right when it is impossible to preserve the right to claim under the legal procedure (see Supreme Court Decision 2006Do9418, Mar. 15, 2007). The term "act that does not violate social norms" as set forth in Article 20 of the Criminal Act refers to the overall spirit of the legal order or the social ethics or social norms surrounding it.