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(영문) 춘천지방법원 2017.04.13 2016노651
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: The defendant was in the victim’s place of business as stated in the facts charged.

There shall not be any damage to air conditioners and fire parts.

2. Examining the evidence duly adopted and examined by the court below after closely examining the records, the judgment of the court below is just and there is no error of law by misunderstanding the facts (the victim D was in the main room at the time of damage to air conditioners and chemical parts at the court of the court of the court below, and therefore, the damage of the defendant did not constitute the damage of the defendant.

Although the court below made a statement, it found the victim D's damage to the defendant.

Based on the judgment of the court below, the facts charged as to the damage of the property of this case were convicted.

The argument is asserted.

However, the lower court appears to have convicted the Defendant of this part of the facts charged on the basis of the witness F’s legal statement and other circumstantial evidence supporting the witness F’s legal statement. In particular, the lower court’s decision is acceptable in view of the following: (a) the Defendant, at the time of the instant case, did not seem to have any special circumstance to damage air conditioners and communications within the victim’s place of business, and there was no situation in which the third party would have been likely to have damaged air conditioners and communications otherwise; and (b) the Defendant’s appeal is without merit, and thus, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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