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(영문) 광주지방법원 2017.10.11 2017노2643
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case by misunderstanding the facts and misapprehension of the legal principles, there was no intention to damage the Defendant’s property, and the Defendant’s act was liable to damage the property in relation to the crime of damage to property, with the tearing tearing about a few centimeters.

subsection (b) of this section.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of misunderstanding of facts and misapprehension of the legal doctrine is identical to the grounds for appeal in this part, but the lower court rejected the above assertion by providing a detailed statement of the Defendant’s assertion and judgment.

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable. In so determining, it did not err by misapprehending the legal doctrine as alleged by the Defendant.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. In full view of the records and arguments of the instant crime, including the following facts: (a) the determination of the unfair argument of sentencing was examined; (b) the Defendant did not agree with the victim until the trial was held; and (c) there was no change in the sentencing conditions compared with the original judgment; and (d) there was no change in the sentencing conditions; and (b) the lower court’s punishment was not unfair; (c) thus, the Defendant’

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

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