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(영문) 수원지방법원 2016.09.02 2016노2327

특수재물손괴등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the statements of E, G, I, and N among the evidence submitted for erroneous determination of facts, the defendants were assaulted by E, G for the purpose of having them punished by criminal punishment. Although the defendants were not assaulted by E, G for the purpose of having them receive criminal punishment, the court below found the defendants not guilty of this part of the facts charged, since they received only the statements of J, K, and K without credibility, the court below erred in the misapprehension of facts and adversely affected the conclusion of the judgment.

B. The sentence imposed by the lower court on Defendant A (a fine of five million won) is too uneased and unreasonable.

2. Determination

A. (1) The summary of this part of the facts charged was attempted to make a false doubt that the Defendants were assaulted from E and G for the purpose of favorable treatment when Defendant A was investigated by the police due to an act of causing property damage.

At around 14:00 on January 13, 2015, the Defendants submitted a written petition to the public service center of the Sungnam Police Station of the Sungnam Police Station located in 1259, the Sungnam-gu, the Sungnam-gu, the Sungnam-si, the Sungnam-si, the Sungnam-si, and Defendant A submitted a written petition stating that “A around 21 December 201, 2014, at the F building parking lot of the E and parking problems, the E was shaking, probing the e in the city, leading a 3-4 meter distance from the 3-4 meters-meter, probing the e in the city, leading the eat, leading the e in the eat, leading to the 3-four meters distance from the e and assault.” However, Defendant B submitted a written petition that “a punishment has been imposed because he was a fluoring the chest inside his head.” However, there was no fact that E and G did not inflicted any injury on the Defendants.

Nevertheless, at around January 13, 2015, the Defendants submitted a petition (Nos. 144 and 145) to the Senior Hah on the 14:07 public service center of the Seongbuk-nam Police Station, and Defendant A submitted a general diagnosis statement stating that “E was subject to violence and assault against E during the period of time off and off the period of time on January 29, 2015,” and Defendant A submitted the same.