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(영문) 창원지방법원 마산지원 2019.10.11 2019고정114
재물손괴
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a private taxi driver as a branch member B.

At around 12:00 on December 4, 2018, the Defendant destroyed and damaged the conference room knife and bulletin board locks in amounting to KRW 27,000 on the ground that the victim D, the general secretary of the B branch, did not pose the keys of the entrance door of the second floor room and the key of the bulletin board locks.

[A. The defendant asserts that his act constitutes a justifiable act. The "act that does not violate the social rules" under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall legal order or the social ethics or social norms surrounding it. Whether certain act is justified as an act that does not violate the social rules and thus, should be determined individually by considering the specific circumstances. To recognize such a justifiable act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (iv) balance between the protected interests and the infringed interests; and (v) supplementary nature of the act that there is no other means or method than the act (see, e.g., Supreme Court Decision 98Do2389, Apr. 25, 200).

However, facts constituting the crime.

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