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(영문) 수원지방법원 2014.07.17 2014노1008
재물손괴등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s assertion of mistake of facts recognizes the crime of causing property damage and damage under paragraph (1) of the crime in the judgment of the court below. However, as to the crime of paragraph (2) of the above crime, the Defendant was only at the time of the victims of the above crime, and there was no omission of participating in the crime of assault or injury.

Therefore, the court below erred by misunderstanding the facts on this point and affecting the conclusion of the judgment.

B. The lower court’s sentence against the Defendants on the assertion of unfair sentencing (Defendant A: a fine of KRW 4 million, Defendant B: a fine of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly examined and adopted by the court below as to the Defendant A’s assertion of mistake of facts, the victim E opened the victim E investigative agency, “A, a man (Defendant A) with a smaller height in his/her hand, opened the rubber sturst car of this case, so he/she found his/her chest to be defective, his/her chest was sealed, and when he/she made one time in his/her drinking. The male (Defendant B) with a large number of sarbings and sarbings, stated that “A (Defendant B) was the back of his/her fth head,” and the victim F stated that “Defendant A was able to take a bath for the victim E and drink his/her f head,” and the victim F made the victim’s statement that “When the Defendants were able to take the victim’s face as the victim’s head, the Defendants made the victim’s statement that he/she had his/her head with his/her head with his/her her head with his/her head with his/her her her mother.”

The above victims' and G's statements are concrete and detailed statements about Defendant A's violence, and their explanation is reasonable. Thus, the evidence duly adopted and examined by the court below, including the above reliable victims' and G's statements.

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