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(영문) 서울중앙지방법원 2014.10.16 2014노2445
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged of this case by misunderstanding the facts and adversely affecting the conclusion of the judgment, although the defendant intentionally did not blick the Hand flag by hand, but blicked by negligence in the process of exceeding the hand hand.

B. In light of the fact that the defendant has caused the instant crime by contingently in the state of unfair sentencing, and that he is a disabled person of Grade III with a mental disability and is a recipient of basic living, the sentence of the court below (hereinafter referred to as a fine of 1.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged based on the evidence of the argument of mistake of facts: (i) the Defendant stated that “F, while making a mixed-level test, Handout twice a drinking Hand,” and (ii) the Defendant stated that at the time of the occurrence of the instant case, D, the owner of the instant call architecture, as if he had directly observed the Defendant’s damaged part at the time of the occurrence of the instant case, and again reversed the Defendant’s statement that he had been present at the court of original instance, it is deemed that D had made a statement on behalf of the employee in the position of business manager at the time when considering all the circumstances; (ii) there is no other circumstance to suspect the credibility of the F statement; (iii) there is no ground to believe that the Defendant was faced with a hands-on system; (iv) there is no reason to deem that the Defendant exceeded the time; and (iv) there is no reason to acknowledge that the Defendant was punished for damage to property or public goods by mistake of facts as a whole.

B. Unreasonable sentencing.

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