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(영문) 의정부지방법원 2015.06.02 2014노2704

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. The defendant does not interfere with the business of the victim or inflict an injury on the victim.

B. The misapprehension of the legal principle that the defendant was in a fighting with the victim's body, but the defendant's act constitutes self-defense or legitimate act.

2. Determination

A. 1) Determination of the assertion of mistake of facts can be found guilty of the facts charged in the instant case in full view of the facts and circumstances that can be found by the evidence duly admitted and investigated by the lower court. A) The victim from the investigative agency to the lower court, “from the investigation agency, the Defendant would work up to 20:00, the Defendant would be too difficult, and the Defendant would work up to two hours, and refused to pay the rent. Accordingly, the Defendant, while taking a bath, laid down the floor by using washing equipment, etc. on a restaurant table in his/her hand, and made a concrete and consistent statement “The Defendant and the fluored with the doctor in the process of fighting.”

B) At the police station, “F,” the Defendant was able to take a bath to the victim, and fell into the floor by tightly pushing the body on the table. The Defendant was able to take the head of the victim and moved to the restaurant. The Defendant reported to the police by the victim. The Defendant stated that “The Defendant reported to the police,” and in the court of the lower court, “the Defendant was tightly pushed down the plastic organ on the table.” The Defendant and the victim was tightly pushed down while being pushed back. The Defendant and the victim were tightly tight. The Defendant and the victim were tightly tighted when they were tighted. The two were shicked out of the reported phone at almost 90 degrees, and the Defendant made a statement to the effect that “The statement conforms to the victim’s statement. c) At the time of the victim’s on-site photograph and the victim’s diagnosis.