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(영문) 청주지방법원 2017.03.30 2016노807
재물손괴
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The gist of the grounds for appeal is that the defendant was not aware of the victim's safety by hand, but there was no intention, and there was no damage to the victim's safety due to the above act.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous as a mistake of facts.

2. The following circumstances, which can be acknowledged by the evidence duly adopted by the court below and the court below, are the victim's consistent statement from the investigative agency to the court below and the court of the trial court, to the effect that "the defendant exceeded the boundaries of the victim and caused damage to the victim's safety" is consistently stated to the effect that "the defendant exceeded the boundaries of the victim, and caused damage to the victim's security", even according to CCTV taken on the site, the defendant can confirm the surface of the victim's security while putting the victim's security, and according to the photograph taken of the damaged inside the victim's security, the victim's inner grhsshshsh and two grhshshsh, and one bridge and it is confirmed that the victim's grhshshshsh and grshshshsh are destroyed by cutting the inside of the victim's intentionally worn on the ground.

The judgment of the court below is just, and there is no error in the misapprehension of facts alleged by the defendant.

Therefore, the defendant's assertion is without merit.

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, and the costs of lawsuit incurred in the trial in accordance with Article 191 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act are assessed against the defendant. It is so decided as per Disposition.

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