beta
(영문) 의정부지방법원 2020.12.04 2020노27

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

The lower court rendered a judgment of not guilty on the damage to property among the facts charged in the instant case, and rendered a judgment of conviction on the remainder of the facts charged.

Since the appeal against the conviction part only by the defendant is separated or finalized as it is, the above acquittal part shall be excluded from the scope of the trial in this Court.

Summary of Grounds for Appeal

The defendant has no fact of threatening the victim as stated in the facts charged, and the victim's statement that seems consistent with this is not reliable.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles.

On February 16, 2019, the lower court recognized the following facts and circumstances based on the evidence duly adopted and investigated by the Defendant’s assertion of mistake, i.e., (1) reported to 112 to the effect that “No male was physically suffering from the death of her body, and there was a male threat to her body,” and (13 pages of the record of evidence) “The victim was placed in the hospital due to the reduction of her body from the investigative agency to the court of the lower court’s trial, and the victim was able to find out the her body and her house, and walked with the Defendant and her door to the next day of the same year.” (The record of the trial, No. 74,75, evidence No. 8,42, and No. 444 of the record of the trial, and the victim’s house No. 10 of the apartment house at the time of the victim’s oral statement (the victim’s house No. 2).