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(영문) 대전지방법원 2013.10.30 2013노1130

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The fact that the Defendant, while there was a fact that he was a fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial flu

3) The Defendant did not assault the Victim H. (4) The Defendant was in a state that he did not pluck up or pluck up the Defendant’s hand at the time of the instant case. Nevertheless, during the process of the police’s movement of body with the Defendant’s arms following the Defendant’s arms, the Defendant’s chest, etc. was damaged, and the Defendant did not have any intention to obstruct the Defendant’s performance of official duties or damage public goods.

B. The sentence imposed by the lower court (7 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, such as L's statement of police, etc., an employee of G of this case, the defendant lawfully adopted and examined the allegation of mistake of facts. ① The defendant, while drinking and drinking at the time of this case, she was suffering from a fluoral disease that had been on the front of her own. ② The defendant was put to a fluoral and a fluoral due to the problem of calculating the drinking value while she was running a day and doing so in the instant case. ② The defendant fluoral and fluoral due to the fluoral and calculation of the drinking value; ③ the defendant fluoral and body of other customers in the frequency of fluoral flight in the instant G, and the above customer's fluoral was the police.