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(영문) 수원지방법원 2017.11.13 2017노4163
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the Defendant guilty of all the charges of this case, even though the Defendant did not damage the victim’s mobile phone phone or inflict bodily injury on the victim, was erroneous in the misapprehension of the facts.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the Defendant’s cell phone damage and injury inflicted on the victim can be sufficiently recognized as indicated in each of the instant facts charged.

Therefore, the judgment of the court below that found all of the charges of this case guilty is just, and there is an error of law by misunderstanding facts as pointed out by the defendant, which affected the conclusion of the judgment.

Therefore, the defendant's above assertion is without merit.

(1) The victim has made a concrete and consistent statement about the contents of the act of the defendant, the circumstances leading up to destruction of mobile phones, and the method and degree of assault by the defendant, and the witness D's statement at the court of original instance also conforms thereto.

② The part and degree of injury indicated in the diagnosis of injury to the victim seems to be sufficiently likely to be caused by the Defendant’s assault act.

(3) The victim taken a mobile phone destroyed immediately after the defendant's act of destroying the mobile phone and immediately reported it to the investigative agency.

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

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