logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.08.23 2018노550
재물손괴
Text

The defendant's appeal is dismissed.

The costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant is merely aware of the victim’s vehicle door by hand, and there is no flabation of the victim’s vehicle due to the key.

Even so, the lower court erred by misapprehending the facts in the lower judgment and adversely affecting the conclusion of the judgment, as it rendered a guilty verdict on the facts charged of this case.

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

2. Determination

A. The following circumstances acknowledged by the record, which are acknowledged by the lower court’s determination of the assertion of mistake of facts, that the Defendant did not designate the damaged person as the part of the damage.

One of the arguments is that the damaged part of the damaged vehicle that appears to be flicked in the key is submitted as a field photograph, and the victim was present at the investigative agency from the court to the court of the trial and reported to 112 at the site that the defendant was flicking the damaged vehicle.

In full view of the fact that the defendant has made a statement specifically and consistently, it is sufficiently recognized that the defendant has damaged the victim's vehicle, and thus, the defendant's assertion of mistake is without merit.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that there is no ground for appeal by the Defendant. It is so decided as per Disposition by applying Articles 191(1), 190(1) and the main text of Article 186(1) of the Criminal Procedure Act to the burden of litigation costs at the original judgment and the trial.

arrow