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(영문) 광주지방법원 2013.12.11 2013노1422
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant and his defense counsel (the factual errors and misapprehension of the legal principles) in this case were subject to the consent of the victim D, and there was no consent.

Even if the defendant was aware of his consent, the court below erred by misapprehending the legal principles, or by misapprehending the legal principles, thereby finding the defendant guilty of the facts charged in this case.

2. In full view of the evidence duly adopted and examined by the court below and the evidence adopted and examined by the court below, the defendant demanded the victim D to grow well across the boundary line among the roof of the victim D, that the victim D himself was the victim D, and that the victim D himself was the above roof part of the above roof part, that the victim D himself was about 5cm out of the above roof part, that the defendant should not be replaced by the above roof part of the victim D, that the defendant should have a better roof part of the above roof part of the above roof part, that the victim D did not permit it, but that the defendant did not permit it, as in the facts stated in the judgment of the court below, it is recognized that the defendant was well aware that the part of the roof of the victim D's house was well raised as the defendant's crime, and that there was the victim D's consent, and

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of misconception of facts or misapprehension of legal principles.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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