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(영문) 서울중앙지방법원 2018.07.19 2017노2289
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) according to the evidence submitted by the prosecutor, the defendant laid the back wheel chairs of the victim's right side of the vehicle with his cleaning metal, and (b) thereby, fully recognizes the fact that the above wheel wheel was defective (hereinafter "the defects of this case").

Nevertheless, the court below erred by misapprehending the fact that the court below acquitted the defendant on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the causal relationship.

On September 13, 2016, at around 07:20 on September 13, 2016, the Defendant damaged the non-repair property in the repair cost by leaving the front of the apartment entrance and causing inconvenience to traffic by leaving the victim C at the top of the upper Docoke apartment in front of the upper 346-1 of the Seoul Dongjak-gu Seoul Metropolitan Government, for the reason that the damage caused the traffic by stopping the vehicle in front of the apartment entrance.

The court below held that the defendant's cleaning wheel of the rear wheels of the victim's right side of the vehicle is acknowledged as having placed the front wheel of the victim's cleaning wheel, but it is difficult for the borrower to believe that there are some defects in the front wheel of the victim's vehicle due to the following: the shape and material of the cleaning wheel house used by the defendant, the material of the victim's front wheel wheel, the shape of the victim's front wheel wheel wheel, the method and degree of using the victim's back wheel wheel wheel wheel with the metal wheel wheel, the defendant's back wheel wheel wheel wheel wheel with the front wheel wheel wheel wheel with the front wheel wheel wheel with the metal wheel string, and in the case of the front wheel wheel of the vehicle, it is hard for the victim's statement by the prosecutor to believe that there is a defect in all wheel wheel wheel of the victim's vehicle at all times due to the act of the victim.

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