재물손괴등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. In fact, since the defendant's misunderstanding of facts led to the fact that the damaged person would have permitted the use of the gas to take advantage of the oil, the court below found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding of the facts.
B. The sentence sentenced by the lower court (an amount of five million won) is too unreasonable.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in this case was that the Defendant served as a main kitchen in the D cafeteria located in Seo-gu Busan Metropolitan City.
1) On June 14, 2016, the Defendant damaged property: (a) around 14, 201, created a level of 140 cryp gas developed by himself/herself at the above D cafeteria and kept it in the air conditioners.
On June 27, 2016, the Defendant disposed of approximately 70,000 market prices (cost of KRW 2,000 per 1 unit) of the foregoing gas by dumping the amount of KRW 1,40,00 to food waste bags without consent of E, the complainant.
Accordingly, the defendant damaged the property equivalent to KRW 140,000.
2) On June 27, 2016, the Defendant brought about about KRW 20,00,000 at the above 20 market price (cost 2,00,000 per 1 unit) and brought about KRW 40,00,00 to Busan F apartment and 8 Dong 308, one of his house, after obtaining the consent of the complainant.
Accordingly, the defendant stolen the above 40,000 won.
B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.
3. Determination of the party deliberation (as to the assertion of mistake of facts)
A. The following circumstances are acknowledged according to the evidence duly adopted and examined by the court below.
Since the Defendant has to go to her children and the U.S. since long-term after the production of pedagog gas, he/she is expected to retire a D cafeteria.
In other words, it was demanded that the gas developed by it be deducted from Me New, and the victim changed the gas from Mediet to Mediet gas.
The defendant shall be from a criminal investigation agency to a trial.