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(영문) 울산지방법원 2021.01.21 2020노648

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not submit a statement of reason for appeal by misunderstanding the facts and misunderstanding the legal principles, the content stated in the petition of appeal is interpreted to the effect that the Defendant claims a misunderstanding of facts

The victim attached a written public notice of this case without following due process, such as via the management office, and the defendant removed the written public notice for the interest of the residents, so it constitutes a legitimate act.

B. The punishment of the lower court is too heavy.

2. Determination

A. Examining the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts and legal principles in comparison with the reasons stated in the "judgment on the argument of the defendant and his/her defense counsel", the defendant's act does not constitute a legitimate act that does not violate the social norms, and thus, the illegality is not dismissed.

The judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding the legal principles as alleged by the defendant, which affected the judgment.

subsection (b) of this section.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. When there is no change in the conditions of sentencing after the appeal regarding the unfair argument of sentencing was lodged, and all the conditions of sentencing indicated in the record, including the background of the instant crime and the degree of damage, etc., the sentence imposed by the lower court against the Defendant was made within the court’s discretion of sentencing, and thus, it cannot be deemed as unfair because it is too too too unreasonable to avoid reversal.

Therefore, the defendant's improper assertion of sentencing is without merit.

3. The defendant's appeal is dismissed.