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(영문) 인천지방법원 2017.06.29 2016노2241
재물손괴
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal is that the judgment of the court below is a case where the mistake of facts has affected the conclusion of the judgment.

2. Reviewing the instant case based on the evidence duly adopted and examined by the court below, it is just and acceptable to find the court guilty of the instant facts charged as stated in its holding.

We cannot accept the allegation that there is a mistake of facts affecting the judgment of the court below.

In the attached cases, the defendant and the defense counsel have the possibility that a person other than the defendant had the main body by using the H's statement.

Considering the period in which the defendant was living, only the date when the defendant was likely to be employed is the director.

However, a lot of time has been considerably needed considering the number and location of the location of the lives.

Although it was true that C et al. visited on the date of directors, it is reasonable to view that there is no probability that C et al. had been exposed to a long time, such as the board of directors.

Therefore, the defendant and defense counsel's assertion cannot be accepted.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

According to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is reasonable that the defendant bears the cost of lawsuit incurred at the trial of the party (the court below decided to bear the cost of lawsuit at the court below).

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