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(영문) 창원지방법원 2014.01.09 2013노768
재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the dry field of this case, the Defendant: (a) misunderstanding of facts: (b) although the Defendant: (c) laid down a grass in the instant dry field and extracted several of the same tree rootss in order to depth the seedlings; (d) did not recognize the fact that the white sewage was severely damaged, it cannot be deemed that there was an intention to cause property damage; and (e) the Defendant cannot be deemed to have entirely damaged the white sewage in the quantity stated in the facts charged; (b) the lower court found the Defendant guilty of all of the facts charged of this case, thereby adversely affecting the conclusion of the judgment. (c) In so determining, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. 1) As to the Defendant’s assertion of mistake of facts, the Defendant and the counsel at the lower court also asserted the same purport as the grounds for appeal in this part. As to this, the lower court rejected the Defendant’s assertion by the Defendant, etc. in detail under the title “determination on the Defendant and his defense counsel’s assertion.” The lower court’s comprehensive determination based on the evidence in its judgment is just and acceptable even in the trial, and there is no error of law affecting the conclusion of the judgment by misunderstanding the facts as alleged by the Defendant, and thus, the Defendant’s assertion of mistake of facts is without merit. 2) The summary of the facts charged in the instant case (a) of the instant case’s charges (i) the Defendant’s assertion of mistake of facts is within the dry field managed by the victim D, which is located at the window of Changwon-si, Changwon-si, on June 2012, the Defendant extracted approximately 650 out of the white sewage from around 21, 205.

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