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(영문) 서울남부지방법원 2016.04.22 2015노1260
경범죄처벌법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,500,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. 1) The lower judgment of the first instance court (2015 Highest 2048): the Defendant is not aware of spitation.

2) The lower judgment of the second instance (2013 Height 2816): ① In relation to the instant paragraph 1 (Intrusion upon residence), the Defendant did not enter the inner bank, although there was a dispute in the dwelling room jointly used by the Defendant.

② In relation to paragraph 2 (f), the Defendant did not display nitroer and divers, and the victim’s face was taken, but this was done in a state where the nivers and divers were deprived of the victim’s face and did not carry them.

③ In relation to Paragraph 3 (Damage to Articles for Public Use), the Defendant had taken care of his/her own reflect, but such reflect reflects on the original form had already been destroyed before it was destroyed and was not destroyed by the Defendant.

3) Of the judgment of the lower court in Article 3, 2015 and 1262: (1) In relation to paragraph (1) (property damage), the Defendant did not intend to impair the original function of CCTV for crime prevention.

(2) In relation to paragraph (2), the defendant made an objection against police officers who do not investigate the D who assault the defendant, and the defendant did not have any intention to insult the K of the police officers.

B. Of the judgment below of the court below 3, the Defendant’s act related to the crime No. 1262 of 2015 and 1262 (property damage) constitutes a legitimate defense or legitimate act.

(c)

Sentencing is unfair because the sentence of the lower court (the amount of punishment shall be KRW 50,00,000,000,000,000,000,000,000) is too unreasonable.

2. Determination

A. An ex officio determination 1) The prosecutor's name of the crime No. 2 of the facts constituting the crime of the second trial resolution at the trial court is "a special assault" in Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act applies to the prosecutor's application for changes in the indictment with the content that "Articles 261 and 260 (1) of the Criminal Act" are changed to "Article 261 of the Criminal Act."

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