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(영문) 대법원 2013.06.14 2013도803
일반교통방해등
Text

The judgment below

The acquittal portion shall be reversed, and this part of the case shall be remanded to the Seoul Central District Court.

. Prosecutors;

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the relevant legal principles and records, it is just to affirm the judgment of the court of first instance which acquitted the defendant on the ground that it was difficult to deem that the defendant's behavior with respect to the general traffic obstruction among the facts charged in this case was impossible or considerably difficult to pass through due to his act, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules,

2. Causing property damage and damage;

A. Of the facts charged in the instant case, the lower court determined that: (a) around 21:50 on February 25, 2012, the Defendant’s act of destroying property that requires repair cost of KRW 39,00,00, such as that “the Defendant damaged the victim N, a general secretary, within the Dongjak-gu Seoul Mawon, for the purpose of harming the victim N, who is a general secretary within the Mawon, and caused a lux, within the lux, and caused the wall surface to be set aside; (b) the Defendant’s act of damaging property that requires repair cost of KRW 39,000; and (c) on February 25, 2012, around 0:0, the Defendant committed the crime at the same time and on February 25, 2012, the Defendant was sentenced to imprisonment with prison labor of KRW 406, which is similar to the Defendant’s crime, and thus, deemed that the Defendant’s crime was committed by the Central District Court for 2010,200 years after being sentenced to death.

B. However, the lower court’s determination.

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