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(영문) 수원지방법원 2016.12.02 2016노4831
재물손괴미수등
Text

The defendant's appeal is dismissed.

Reasons

1. As to the facts constituting the crime in the judgment below as to the summary of the grounds for appeal (the factual error), since the victim dump bages of the defendant, the victim only once bats the victim's bat at the level of defense, and there was no assault against the victim.

As to the facts constituting the crime in the judgment below, the defendant sought the victim's house with the intent to suppress the victim's personal insult from the victim, but the defendant did not open the door, and the defendant left the bath room room room room room room room room room room room room room room room room with the mind that he did not meet the victim's door, and there was no intention to assault the victim or damage the window like the facts constituting the crime No. 2 in the judgment. 3 in the judgment.

2. In full view of the evidence duly adopted and examined by the court below, such as the witness E and G’s testimony at each court below’s court below, it can be recognized that the defendant attempted to assault the victim or destroy property as stated in the facts constituting the crime in the judgment, and the intention of causing property damage is also recognized.

Although the Defendant’s argument in the grounds of appeal does not explicitly appear, it seems that the Defendant’s act is self-defense. However, in light of the background leading up to the Defendant’s assault and the degree of assault, etc., the Defendant’s act cannot be evaluated as self-defense.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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