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(영문) 창원지방법원 2014.10.16 2014노1700
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, the Defendant unlawfully towed the above truck at the shop of the shop of the shop of the shop of the shop of the shop of the shop of the shop of the shop of the shop of the shop of the shop of the towing, although the Defendant was found at the above towing place, but did not open the office’s door and did not confirm whether the above truck was broken out. At that time, the Defendant was in open state due to the heart disease, etc., the Defendant was driving the above truck in the towing place and driving the vehicle in front of the stop in order to ensure the stability of the vehicle at home because there was no other vehicle, and it was nothing more than the above towing place, but it was inevitable for the Defendant to drive the above truck and stop it in front of the stop in order to ensure the stability of the vehicle at home, so it did not live, and therefore there was no intention to damage the property.

Even if not,

Even if the above acts of the defendant constitute an emergency evacuation or a legitimate act.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts or misapprehension of legal principles, it can be recognized that the defendant damaged the blocking system by driving the above truck while the above towing place's employees C made an objection to the towing place as to the towing of the salary class B, which was towed by the defendant at the Changwon-dong Office located 102-3, Sungwon-gu, Sungwon-dong, Sungwon-dong, Sungwon-dong, the central office of Sungwon-gu, 102-3, and then the blocking period was issued. The defendant's above

In addition, the defendant.

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