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(영문) 서울북부지방법원 2018.06.29 2018노630
재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. Legal principles are acknowledged by the misunderstanding of the facts that the defendant plucked or plucked the hand of the above vehicle while getting on and off the motor vehicle driven by the victim together with E and F, but this is inevitable for getting out of the violence sustained by E, etc., and therefore, it constitutes an emergency escape or a legitimate defense.

B. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to the depression disorder, etc.

(c)

The sentence of the court below (six months of imprisonment) against the illegal defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. According to the evidence duly adopted and examined by the lower court as to the misapprehension of the legal doctrine, the Defendant at the time of the instant case, from the victim E, etc., who was the injured party within the vehicle driven by the victim, deemed that the Defendant was diversed with the bath theory on the day-to-day fee for another person at the front riding beach.

However, on the other hand, the defendant, on the other hand, did not appear to have been assaulted continuously prior to the above vehicle, such as the defendant's assertion that he took a photograph with F along with F at the above bathing beach on the day of the instant case (Evidence No. 103-105 pages of evidence). ② The defendant left a restaurant employee in front of the restaurant prior to the front of the vehicle, carried a cigarette butts, carried out a fighting with him, and there was a fighting, such as E, etc., in the said vehicle, and the accident is not caused.

(3) The Defendant seems to have scamed and plicked the hand-made of the vehicle that the Defendant scamblinged in the back scam while hearing the scams as above, and the Defendant seems to have caused an accident by plucking or plucking the hand-made of the vehicle that the Defendant scambling in the instant case, etc., to the effect that he scambling with the scambling that he scam in our country.

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