logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.08.30 2016노1975
업무방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty on January 13, 2016 is erroneous in the misunderstanding of facts or in the misapprehension of legal principles, in the absence of a misunderstanding of facts and in the absence of a misunderstanding of facts, as to the damage of special property by Defendant 1 on January 13, 2016, there was only a flusing door with the fact that the defendant was in possession of the Defendant’s hand or possession, and

2) A prosecutor’s defendant did not use a watch, even though he/she destroyed the victim’s residence door by placing a dangerous object related to the crime of destroying property that he/she committed in the middle of October 2015.

The judgment below contains an error of law by misunderstanding facts.

B. While the Defendant asserts that the sentence of the lower court (a crime No. 1, 4, and 5 as indicated in the lower judgment: Imprisonment with prison labor for six months, and crimes No. 2, and 3 as indicated in the lower judgment: Imprisonment with prison labor for two months) was too unreasonable, the Defendant asserts that the sentence of the lower court is too unfasible and unfair, while the prosecutor asserts that the sentence of the lower court is too

2. Determination

A. Determination as to the crime of destroying property in October 2015 1) In a specific case, whether certain objects constitute “hazardous objects” should be determined depending on whether the other party or a third party could cause harm to human life or body when using the objects in light of social norms (see, e.g., Supreme Court Decision 2010Do10256, Nov. 11, 2010). “Dangerous objects” includes all objects that can be widely used to harm human life and body even if they are not deadly weapons. Thus, the lower court’s determination as to whether they are created for the purpose of killing and destroying property as well as for other purposes, such as knife, knife, glass bottles, various tools, vehicles, etc., which were created for the purpose of causing harm to human life and body (see, e.g., Supreme Court Decision 9Do5797, May 3, 197).

arrow