(영문) 수원지방법원 2020.01.06 2019노4214 | 리걸엔진

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(영문) 수원지방법원 2020.01.06 2019노4214

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. In full view of the following, the gist of the grounds for appeal: (a) the Defendant suffered from hearing impairment 2 level 3 and difficulty in communication; (b) the Defendant did not think that the goods under the possession of the victim are damaged even if the goods under the instant real estate D are damaged by his own possession in light of the developments leading up to the occurrence of the instant case; and (c) the instant model was not attached to the wall; and (d) the toilet door is merely repairing because it does not conform to the design and specification, the instant crime of interference with the exercise of rights is not established.

Nevertheless, the court below sentenced the defendant guilty, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

2. In light of the following circumstances found by the evidence duly adopted and examined by the lower court, namely, the Defendant: (a) was responsible for the construction of the instant real estate No. D and the Defendant prepared the instant real estate No.; (b) the victim was performing the construction of the said No. D; (c) the Defendant arbitrarily maintained digital key, singcling, and toilet doors through the human body employed by the said No. D; and (d) the victim did not receive the construction cost from the Defendant and filed an application for compulsory auction as to the said No. D, it is recognized that the Defendant destroyed the major parts of the instant real estate No. 4, which were the object of the victim’s right.

Ultimately, the court below's finding the Defendant guilty of the facts charged of this case is just and acceptable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, the defendant's assertion of mistake is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

However, on July 1, 201, the first instance of the facts constituting the crime of the judgment of the court below.

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