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(영문) 부산지방법원 2018.10.26 2018노2059
문서손괴
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case even though the misunderstanding of facts or misunderstanding of legal principles caused security guards to recover the appeal of the representative meeting of this case constitutes a justifiable act that does not go beyond the ordinary social norms. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by stating in detail the defendant's assertion under the title "a judgment on the defendant's and his/her defense counsel's assertion" as the grounds for appeal of this case at the court below's determination as to mistake of facts or misapprehension of legal principles. In light of the above judgment of the court below in detail compared with records, the judgment of the court below is just and it is erroneous in the misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant did not receive a letter from the victim as to the wrongful argument of sentencing.

However, the Defendant was the first offender aged 77 years old, and the Defendant’s crime of this case was unilaterally prepared and distributed in the process of opposing the Defendant’s legitimate representatives’ delegation authority by the representatives of the representatives of the occupants, and there are circumstances to consider the circumstance. In addition, considering all of the sentencing conditions of the instant pleadings, such as the Defendant’s character and behavior, environment, motive, means and consequence of the instant crime, the circumstance after the crime was committed, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the defendant's appeal is reasonable, and therefore, Article 364 (6) of the Criminal Procedure Act is applicable.

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