logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.02.04 2015노4033
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the provisions of paragraphs 1 through 4 of the decision of the court below, the Defendant loaned the Lane to the victim F. However, the Defendant found the Lane from the W warehouse with the defect that the victim F did not have any Lane and avoided tobacco from the Lane, and at that time, the Defendant did not steals the Lane mobile phone with the victim F.

B. As to Article 5 of the judgment below, the Defendant: (a) heard the victim D’s speech that the victim D will take the examination of the Defendant; and (b) discovered the victim D, caused the victim D’s car parked, and damaged the vehicle by reporting the victim D’s car parked, and the Defendant, at the time of the debrising and damaged the vehicle to another vehicle.

(c)

With regard to Paragraph 6 of the decision of the court below, the mobile phone fells from the police officer P's shootings on the wind that the Defendant's fingers power, and it does not interfere with the police officer's official duties.

B. The sentence of the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. Judgment 1 on the argument of misunderstanding of facts or misunderstanding of legal principles) F appeared in the court of original instance and demanded the Defendant to change his house because he gets a knife by using a knife and knife, and the Defendant expressed his knife with his desire to do so.

The defendant, who feel a threat, puts his cellular phone into a frier who was suffering from the frier's fast use of the dog, and brought his cell phone.

“The lower court’s determination on the credibility of the witness was clearly erroneous, contrary to what is alleged by the lower court.

This part of the facts charged is sufficiently recognized as there are no special circumstances to see.

2) The evidence duly adopted and examined by the lower court, such as the victim F’s legal statement at the lower court, victim H, D, and M’s investigative agency, and vehicle damage photographs, criminal tools photographs, vehicle repair estimates, etc.

arrow