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(영문) 창원지방법원 2017.02.02 2016노2248
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty on the ground that the defendant damaged the fire or did not assault the victim, is erroneous in the misapprehension of the legal principles as to the facts.

2. According to the evidence duly adopted and examined by the court below, the following circumstances are acknowledged.

(1) A victim in the police station does not have one customer.

In addition, the defendant explained that "the head of the State Sick anywhere to the State."

가게를 다 부숴 버릴 거다.

Sner had been engaged in funeral services.

“In doing so, two Dognets, which were at the entrance of the shop, laid on the floor and went beyond the flowers.”

이후 몸싸움을 하는 과정에서 피고인이 자신을 붙잡고 오른발 뒤꿈치로 자신의 오른쪽 허벅지를 수차례 걷어찼다.

The specific statement was made on the situation at the time of “.”

(2) The victim's photographs taken of the right buckbucks of the victim who has holes, and meals at the cafeteria at the time.

I's police statements, F's police statements, and statements in the court of original instance also conform to the statements of the victim.

(3) The defendant does not receive any one customer.

On the other hand, the victim tried to go out while taking a bath, and the victim was 2 parts of the victim's own behind his own et al.

However, according to the empirical rule, it is difficult to see that the victim was engaged in the above behavior in his/her restaurant operated by him/her, and in particular, the part that the victim was behind the defendant's person, etc. at the same time is also natural spit.

In full view of the above circumstances, as a whole, the defendant can sufficiently recognize the fact that the defendant destroyed fire and assaults the victim, and the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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