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(영문) 부산지방법원 2018.06.29 2018노915
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, did not have the tearing effect of each outdoor advertisement owned by the victims.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that each outdoor advertisement (hereinafter referred to as the "hump") owned by the victims was damaged, as shown in the judgment below.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is just, and it does not accept the Defendant’s assertion of mistake of facts as alleged by the Defendant.

① A victim F made a concrete and clear statement from an investigative agency to the court of the court below on the date and time and place of damage, the appearance of the offender, the situation at the time of the crime, the details of the damage, the circumstance in which the Defendant was identified as an offender, and the surrounding circumstances.

The statements made by the victim are reliable, such as the defendant's actual appearance at the time when consistent and CCTV is taken.

② As the victim F was identified as a criminal at the scene of the crime, G was arrested of the Defendant as a current offender, following the offender who followed up to the Busan Bank located in Seocheon-dong, Busan.

Defendant also recognized the fact that the Plaintiff visited the Busan Bank at the time (Evidence No. 71 page of the evidence record), and the Defendant’s reputation changed before and after the instant crime (Evidence No. 47 page of the evidence record). Moreover, the lower court stated in its court that “The Defendant’s face, which had been inside at the time, was directly seen, was the Defendant’s face, and there was no other person who entered the said Busan Bank at the time.”

The statements of these witnesses, and post-crimes.

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