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(영문) 대전지방법원 2016.10.27 2016노1598

공용물건손상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. As to the injury by the victim I at the time of the instant case, the Defendant did not inflict any injury upon the victim I at the time of the instant case, and despite the absence of credibility of the victim I and K’s statements that seem to correspond to the facts charged, the lower court found the Defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding of facts.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. In the lower court’s determination of mistake of facts, the Defendant argued to the same effect as this part of the grounds for appeal, and the lower court found the Defendant guilty of this part of the charges by citing the evidence recorded in the summary of the evidence as stated in the judgment below. The lower court consistently stated the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, namely, ① the victim I stated in the investigative agency and the lower court that “I would like to make five faces face because I would like to say that I would like to go and report the cost at the time of the instant case,” ② K was at a place less than 2-3 meters away from the victim at the time of the instant case. However, the lower court stated that “The Defendant appeared to have observed the victim’s face at the time of the instant case while taking a bath,” and that there was an assault against the victim, ③ the victim’s right to examine the victim and the victim’s face at the time of the instant case’s oral examination from the Defendant Byung on the date of this case’s oral examination.”