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(영문) 창원지방법원 2018.02.07 2017노2714
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) was set up by the injured party on the upper side of TV set of the two weeks, and the accused was also set off on the floor of the two weeks without participating in the part of the Defendant, and there was no little difference between the Defendant and the two weeks on the wall.

At the time, the defendant was not in a state of detention.

Even if the defendant's act constitutes a crime of damage to property, it is merely a mere imposition of the victim's an indication of a claim against the defendant's an exceptional act, and there is no illegality as it does not go against the social norms.

2. The Defendant alleged to the same effect in the lower court, and the lower court rejected the Defendant’s assertion on each of the grounds in its holding.

In full view of the evidence duly adopted and examined by the court below, the judgment of the court below is just and there is no error in the misconception of facts alleged by the defendant.

Therefore, 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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