(영문) 서울북부지방법원 2019.01.10 2018노1950

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Reasons

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(영문) 서울북부지방법원 2019.01.10 2018노1950

특수재물손괴등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. After entering the house, the Defendant merely cited the improvement and did not display the improvement.

In addition, it is difficult to see that the victim C was released by the defendant due to the very short time that the defendant cited for improvement.

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

2. Determination on the grounds for appeal

A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e.,: (a) C has made a considerable detailed statement at an investigative agency about the situation before and after the instant crime; (b) not only has displayed improvement to E; and (c) has made a clear statement about the fact that the Defendant displayed improvement to C himself/herself (see, e.g., page 35 of the evidence record); and (d) the time when C made the statement as above was 3 to 4 hours after the occurrence of the instant case.

(See written confirmation of investigation process). Also, even if the statement is made, the description before and after the case is natural and there is no particular exaggeration of the fact of damage, and its credibility is high.

The letter of arrest of a flagrant offender stating the victim’s statement immediately after the crime also states that “The situation in which the defendant forced the victim to enter the house and threatened the victims with the improvement, thereby preventing the Defendant from committing violence by using force, and then concealing the improvement of the victim’s statement.”

(See No. 12 of the trial record). (2) In particular, with respect to the fact that the defendant has damaged the floor by making a mobile phone so as to be improved, the fact that the defendant has made a clear statement in the process of witness examination, which is a witness examination, after having already indicated his intention not to punish the defendant (see, e.g., e., Article 77 of the trial record), and (3) the fact that the defendant appears to have

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