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(영문) 수원지방법원 2019.02.13 2018노7562

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) When a judgment of the original court is rendered, the Defendant did not impair the utility of the slicker, since the 1st crime was committed, the slicker’s slicker’s licker’s licker’s licker’s

In addition, only the victim C's shoulder, and there is no violence like the facts charged.

(2) At the time of the original adjudication, the Defendant committed the crime of Section 2: (a) had a stone with a stone string away from the streets; (b) but was damaged by harming the damaged vehicle (car) parked next thereto; and (c) there is no intention to damage the Defendant.

B. The lower court’s sentence of unreasonable sentencing (the first and second crimes at the time of the original judgment: imprisonment with prison labor for six months, and the third crimes at the time of original adjudication: imprisonment with prison labor for eight months) is too unreasonable.

2. Determination

A. (1) The crime of causing property damage is established when determining a mistake of facts (A) the crime of causing property damage is destroyed or concealed by another person’s property, documents, or electronic records, or by other means.

Here, in a case where the utility is harmed by damage or concealment or by any other means, it includes not only cases where goods, etc. cannot be used for their original purpose, but also cases where goods, etc. cannot be used for their original purpose as a material destruction, and the utility is deteriorated by temporarily making them unusable as a material act (see, e.g., Supreme Court Decision 2016Do9219, Nov. 25, 2016). (B) In light of the foregoing legal doctrine, the health stand in the instant case and the following circumstances recognized by the evidence duly adopted and investigated by the lower court, namely, ① the victim C has consistently stated in the investigative agency and the court of the lower court that “the Defendant committed violence, such as smuggling, and duplicating the damaged vehicle,” and ② the part of the victim C is able to become a part of the victim’s act, and the right side of the damaged vehicle is horizontal.