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(영문) 전주지방법원 2017.03.16 2016노1116
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) In order to find out the fact that the victim's awareness of the damaged part of the property was discovered and to check out the safety, it was nothing more than 100, and there was no intention of the damage.

2) While there is a fact that a victim of the part of the assault intends to assault the Defendant, he/she has sold his/her arms to defend the Defendant, this constitutes a legitimate defense, and thus, the illegality is dismissed.

B. The sentence of the lower court that is unfair in sentencing (hereinafter “the sentence”) is too unreasonable.

(c)

It is unlawful to order the defendant to bear the costs of lawsuit.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. Comprehensively taking account of the evidence duly adopted and examined by the court below on the part of damage to property, the defendant can sufficiently recognize the fact that the defendant gets the victim's awareness as stated in the judgment below, so this part of the defendant's assertion is without merit.

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court, it seems that the Defendant had taken the victim’s face by drinking, and that there was no fact that the victimized person abused the Defendant in the process.

In addition, in light of the relationship between the defendant and the victim and the situation at the time of the crime, the defendant's act is to defend his/her body.

more than 100

the victim’s intent to attack is based on the victim’s intention and cannot be deemed as constituting a legitimate defense.

Therefore, we cannot accept this part of the defendant's assertion.

3. A relatively minor circumstance is that the amount of damage caused by the destruction of property to determine the unfair argument of sentencing is relatively insignificant.

However, the fact that the defendant denies the crime, was unable to reach an agreement with the victim up to the trial, was not taken at all measures to recover damage, there is no change in circumstances that could change the sentence of the court below, and the character, character, environment, and so forth.

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