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(영문) 춘천지방법원 강릉지원 2014.11.18 2014노427
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below that found the defendant guilty of the crime of this case even though the defendant did not commit the crime of this case is erroneous in misconception of facts.

2. The court below stated that "F, an employee of a singing practice room, had a sound from the toilet to which the Defendant had continued, the Defendant had a sound from the toilet, and the Defendant had a lux door in the toilet after coming out of the toilet," which can be recognized by comprehensively taking account of the evidence duly adopted and examined by the court below, stated in the investigative agency that "F, an employee of a singing practice room, had consistently made a sound from the toilet, and the Defendant had a luxle door in the toilet." The above statements were consistently made in the court of the court of the court below, and the credibility of each of the above statements is recognized by specific and mutual agreement

In full view of the facts charged in this case, G, a karaoke machine business owner, stated from the investigative agency to the court of the court below to the same purport, and G, a building manager, stated that “after reporting by the chief of the singing room, who made a report from the underground of the building, which was confirmed by the chief of the singing room, it was connected with the door and the change of the toilet, and the Defendant reported that he was going to go to.” In full view of the photographs at the time, etc., the Defendant, at the price of the stud door door door from the male toilet, read the above door to the inner door, and broken down the lid, thereby damaging the above door and the change of the toilet.”

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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