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(영문) 대구지방법원 2017.12.15 2017노2839
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is that the defendant injured the victim C and D, or did not interfere with the automobile sales business (the crime No. 2 of the facts stated in the judgment below) (the part concerning the crime No. 3 of the judgment below). Rather, the defendant was subject to suppression and assault from the above victims.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of a fine of KRW 4 million sentenced by the lower court is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of the facts (Article 2 and Paragraph 3 of the crime in the judgment below) is based on the evidence duly adopted and investigated by the court below, i.e., the following circumstances acknowledged by CCTV images: (i) the victim C, who is an employee of the above store, was unable to act as the defendant by destroying goods, etc. stored in the BMW store without any special reason; (ii) the defendant was unable to commit violence, such as plucking the victim C's losses and plundering the bomb, etc.; and (iii) the defendant was unable to perform his duties by causing violence, such as destroying the victim's losses and destroying the bomb, etc.; (iv) the victim's losses, such as fingers, etc.; and (v) the victim C suffered injuries, such as the victim's bomba, and the victim D suffered injuries by using the parts of the defendant's products sold within the BM, and sufficiently interfere with the victim's business operation.

Therefore, the court below's finding of guilty of this part of the facts charged is just, and it affects the judgment by misunderstanding facts.

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