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(영문) 서울동부지방법원 2015.06.12 2014노1748
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The J General Market building, including the store of this case, including mistake of facts or misapprehension of legal principles, was owned by the Defendant, and the registration of ownership transfer was completed in K’s name. However, as revealed in the judgment of Seoul Eastern District Court 2014Kadan100451, the above transfer of ownership is null and void. As such, the ownership of the instant glass door and lock conforming to the store of this case belongs to the Defendant, and the instant glass door and lock cannot be deemed to belong to the “other person’s property”, the object of the crime of causing property damage.

In addition, there is no evidence that the locks of this case are broken out.

B. The lower court’s sentence (six months of imprisonment and two years of suspended execution) against the Defendant is too unreasonable.

2. Determination

A. On January 22, 2014, at around 17:10, the Defendant: (a) sent free entrance ( approximately 90cm, approximately 210cm, approximately 10cm in thickness; approximately 10cm in thickness; hereinafter “this case’s glass door”) to the victim D’s second floor C (hereinafter “instant store”) located in Gangdong-gu, Gangdong-gu, Seoul Special Metropolitan City, about 47-gil-ro, with the market price equivalent to KRW 67,00,00 (hereinafter “the instant lock”); and (b) caused the locking of the instant glass door, which is a dangerous object ( approximately 15cm in length, approximately 70cm in length, about 70cm in length) on the ground that the victim locked the above glass door.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following evidence.

C. According to the evidence duly admitted and examined by the lower court and the lower court, the following facts can be acknowledged.

(A) The Defendant and the Defendant, the representative director, L Co., Ltd. (hereinafter “L”) have the purchaser M and K, and the sales contract as of May 24, 2006, stating the following.

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