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(영문) 대전지방법원 2020.03.24 2019노3184
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the fact of assault 1), the Defendant was unilaterally faced by the victim D, and there was no assault against the victim. 2) In relation to the fact of damage to public goods, the Defendant is not the Defendant, and there was no memory that damaged the patrol car and appeared in the black image.

B. At the time of committing the instant crime, the Defendant was in a state of mental disability or mental health disorder with excessive treatment.

C. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) In full view of the evidence duly admitted and examined by the lower court, such as the statement of the witness D in the part of the assault case at the lower court, and the field CCTV images taken by the situation at the time of the instant case, the Defendant recognized the fact of assaulting the victim D as stated in paragraph (1) of the lower judgment, and there is no illegality in misunderstanding of facts in the lower judgment. This part of the Defendant’s assertion of misunderstanding of facts is without merit. 2) According to the evidence duly adopted and examined by the lower court, such as the witness G’s legal statement of the lower court on the part of the public object damage witness G, box CD images, and photographs, if the Defendant, who was blue on the patrol boom video, enters the garage, the Defendant recognized that he was the person from video at the time of the investigation by the police on July 5,

In addition, it is recognized that the defendant had a lux with a lux and a lux with a lux with a lux and with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a lux with a la

In full view of this, it can be recognized that the defendant has harmed the utility of patrol vehicles as stated in the facts charged in the judgment below, and otherwise, the defendant asserts in the judgment below.

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