(영문) 수원지방법원 2016.02.03 2015노7349 | 리걸엔진

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(영문) 수원지방법원 2016.02.03 2015노7349

재물손괴등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged in the instant case, did not have damaged the victim C by extracting approximately approximately 280 renunciation of the order owned by the victim C, and did not have used the patrol car, which is a building for public use, or used the police officer G.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant, as stated in the facts of the crime in the judgment below, extracted approximately 500,000 won of the market value of Pyeongtaek-si D's land by hand, and destroyed it, and the defendant received the victim C's 112 report, and the police officer G and H did not take the part of the defendant at the above site. Further, the police officer G and H walk-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Therefore, the defendant's above assertion is without merit.

B. As to the unlawful assertion of sentencing, the crime of this case was committed by the Defendant, which damages another person’s property, damages patrol cars, which are public objects that the police officers called out upon receiving a report, and obstructed the performance of their official duties by assaulting the police officers to restrain them. The nature of the crime is not good. Even though the Defendant had been subject to criminal punishment several times for the same crime, the Defendant committed the crime of this case, and the responsibility for the crime is not somewhat weak.

In addition, the defendant does not recognize his mistake until the trial is held.

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