beta
(영문) 창원지방법원 2017.11.09 2017노2316

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have to tear the shocked net owned by the victim (hereinafter “the instant shocked net”).

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. The judgment of the court below on the assertion of mistake of facts is based on the following circumstances that the court below duly adopted and investigated and identified, namely, (1) it is presumed that the damage of the damage caused by the damage to the damage from the outside of the damage network by the counter, and (2) it is not possible to exclude the probability that the damage was caused by the batteries (Evidence 48 to 69). The damaged part of the damage from the damage from the damage network of this case is not a height that makes people's hand easily contacted from the outside of the damage network with the part below. At the time, the defendant used the sand bridge for the off operation, so he could have access to the above damage network; (3) The victim stated from the investigative agency to the court of the court below that the defendant consistently damaged the damage to the damage of the damage from the damage to the damage of the damage network of this case, and there is no error in the judgment of the court below as alleged in the facts charged by the defendant.

3. There are extenuating circumstances, such as the fact that the damage suffered from the instant crime was not much significant, and that the Defendant received a fine of KRW 500,000 due to the crime of injury and had no record of being punished for the same other same crime.

However, the defendant still commits crimes in the court.