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(영문) 인천지방법원 2017.02.08 2016노2705 (1)
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged by misapprehending the legal principles, F did not perform the duties at the time, and rather was stolen a labor contract, such as I, but the duties are worth protecting.

As to the damage of joint property, there is no fact that the defendant conspireds with A, etc. or did not share any action, and that the defendant attacked F with F in relation to the act of assault, etc. is assaulted by facts or face.

Nevertheless, the lower court convicted the Defendant by misapprehending the facts or by misapprehending the legal doctrine.

B. Even if the sentencing was found to be guilty, the sentence of the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts and misapprehension of the legal principles, namely, the victim was damaged by the defendant from the investigative agency to the court of the court below as stated in the facts constituting the crime in the judgment below

D consistently stated the Defendant, and the Defendant’s participation in the instant crime in the investigative agency or the court of the lower court’s trial, “I will be punished for the victim and the Defendant in order to take the file recording the situation at the time, together with the Defendant who wishes to take the file recording the situation at the time.”

“A” and a victim’s cell phone phone was cut off, and then A deleted a recording file.

In addition, the defendant made a statement that "the defendant saw the victim's suffering by hand during the process of punishing the victim's loss," and the statement meets part of the victim's above statement. The crime of this case was punished during the working hours of the victim at the management office where the damaged person works as the director of the complaint, and the victim has been placed a working contract in order to receive I's request or to refer it to his duties.

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