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(영문) 대전지방법원 2019.06.05 2018노2208
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is not guilty because the defendant has suffered a lot of mental or material damage from the victim.

Nevertheless, since the court below pronounced guilty of the facts charged in this case, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

Judgment

In light of the following circumstances acknowledged by the records of this case and the evidence duly adopted and examined by the court below, i.e., (i) the defendant has damaged the victim's house gate by walking the victim's house gate several times; (ii) the defendant's act of the defendant is in need of KRW 1,410,00 to repair the victim's house gate; and (iii) even if the defendant suffered a large amount of mental and material damage from the victim as argued by the defendant, this does not affect the establishment of the crime of causing property damage. In light of the following circumstances acknowledged by the court below, the defendant can be recognized the fact that the defendant damaged the victim's house gate by walking the victim's house gate at hand, and thus, this part of the defendant's assertion is without merit.

Therefore, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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