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(영문) 서울서부지방법원 2017.06.29 2017노296

재물손괴

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

D. The lower court found the Defendant guilty of the facts charged and erred by misapprehending the legal doctrine on the charges of this case.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, in particular, according to the witness D’s testimony at the court of the lower court, since the nature of the principal’s clean management of the vehicle was to maintain the vehicle, there was no defects even if the building was placed in front of the building. The steel structure, which was coming from the building, was set up on the front part of the instant vehicle, and the said structure was not confirmed on the day, but on the next day, the vehicle was cut off.

On the other hand, according to the black image of the USB motion picture, it is recognized that the defendant brought the steel structure and moved the steel structure in front of the vehicle in this case, and then moved back along the damaged vehicle, and the defendant also recognized that the defendant used the main image on the vehicle.

In addition, at around 13:04:30 of the video of the USB of Korea, the head of the defendant, who is taking a hand on the front side of the vehicle, observe the above D's testimony, and there is no other evidence to suspect the credibility of the above statement.

In addition, it is clear that the Defendant’s flag’s flag is not a flag or flag, but a flag’s flag’s flag’s flag, despite the fact that the flag’s flag’s flag was merely a flag,

Therefore, we affirm the conclusion of the court below that found D's testimony and the booming video as guilty of damage to the part between the crimeer and the bridge among the charges of this case based on the testimony of D and the booming video.