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(영문) 서울동부지방법원 2020.06.25 2019노1254
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the grounds for review, mistake of facts, and misapprehension of legal principles) evidence submitted by the prosecutor is evidence illegally collected by means of remote control by biological chips, advisory investigation, and criminal intent type naval investigation. The defendant's act constitutes self-defense in the situation where illegal civilian inspection is conducted.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The judgment of the court below also asserted the same purport as the grounds for appeal, and the court below rejected the defendant's assertion and convicted the defendant of the facts charged.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and there is no error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

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

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