beta
(영문) 서울서부지방법원 2020.08.20 2020노351

아동복지법위반등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant only 4-5 times again followed the victim's side glass and other parts of the victim's toy activity.

The judgment of the court below that recognized that the defendant committed violence against the victim's head, etc., sacrifies, sacrifies, shoulder, and sacrifies.

There was a gold in the cell phone set of the victim's cell phone.

The defendant removed the fact that the gold was flicked twice in the door area in order to change it to a new mobile phone.

The defendant did not have the intention of damage.

The judgment of the court below which recognized the defendant as a crime of damage is erroneous.

Judgment

The defendant alleged that the crime of assault was also the same as the grounds for appeal, and the court below rejected the above argument in detail, with the detailed statement of the decision on this part of the defendant's argument under the title "the judgment on the defendant's argument" in the judgment.

Examining the above judgment of the court below in comparison with the evidence adopted and examined by the court below, the judgment of the court below is just, and there is no error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

This part of the defendant's assertion is not accepted.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below on the charge of the crime of damage: (a) the defendant, while making the victim's game in the form of a mobile phone, was making a request for a mobile phone to the victim who is playing the game in the state of drinking on the day of this case; (b) however, when the victim assumes that "the victim must come to the game", the defendant committed an assault against the victim as stated in the judgment of the court below; (c) the defendant got off the victim's cell phone after assaulting the victim, thereby getting off the victim's cell phone so that the amount of the Handphone was broken down and the body was punished.

The circumstances leading up to the damage of the Handphone as above, and this.