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(영문) 부산지방법원 2016.02.05 2015노3165
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a misunderstanding of facts and legal principles, the Defendant did not temporarily remove the wall of this case for the purpose of repairing the victim’s wall that filed a civil petition during the studio construction work (hereinafter “instant construction work”), and immediately installed a new wall, and the Defendant did not have an intention to destroy the wall of this case.

Therefore, the court below erred by misunderstanding the facts and finding the guilty of the facts charged in this case.

B. The sentence of a fine of KRW 500,000 imposed by the lower court against the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of the facts and legal principles: ① the Defendant had conflict with the victim during the instant construction process as a matter of land boundary, fence rupture, etc.; the victim’s son, on May 12, 2014, and on May 21, 2014, filed a civil petition with the Suwon-gu Office requesting restoration of damage to physical damage (such as destruction, rupture, etc. of the wall) caused by the instant construction; ② the Defendant, on May 21, 2014, prepared and submitted a written confirmation to the effect that he would remove the existing fence and store a new fence on the basis of the boundary indicated in the intellectual construction work; ③ the Defendant, without consultation with the victim on May 23, 2014, after consultation with the said written confirmation, removed a new fence with the victim on May 23, 2014; and ④ the Defendant’s act of removing the wall immediately after consultation with the said Defendant’s office.

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