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(영문) 서울북부지방법원 2018.09.20 2018노918

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The husband’s consent was obtained from the victimized person to move out of the air conditioner room to another place. Before the police officer’s consent to move out of the air conditioner on the day of the instant case, the lessee’s consent was made by cutting out the air conditioner gas pipe and electric wires for the purpose of moving out of the air conditioner, with the knowledge that the lessee consented to move out of the air conditioner on the day of the instant case, and did not intend to partly damage the air conditioner.

Therefore, the judgment of the court below which found the defendant guilty of the crime of this case is erroneous.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the allegation of fact, namely, the following circumstances acknowledged by the evidence, namely, the Defendant discussed the schedule for the mobile installation of the air conditioner on the part of the victim and the air conditioner on June 14, 2017, and the police officer dispatched to the Defendant’s spouse’s civil petition at around 09:00, June 14, 2017, asked the victim’s revenue, and sent the Defendant “the air conditioner to move out the air conditioner” to F, and the Defendant stated that “the Defendant would leave out the air conditioner” and “the Defendant would turn out the air at 10:0 p.m. after the Defendant’s spouse’s arrival of the air conditioner at 1:3:0 p.m. on the same day, it was possible for the Defendant to leave the air at 1:0 p.m. with the Defendant’s spouse at his/her own discretion to leave the air at 1:4:0 p.m., the Defendant’s address without his/her response.”