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(영문) 서울서부지방법원 2015.07.10 2015노607
재물손괴등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the facts charged, by misapprehending the legal doctrine on the crime of causing property damage, even though it cannot be deemed that the Defendant’s act of getting a bus driver to walk with a bus driver’s seat protection room alone could not be deemed to have impaired its utility.

B. The lower court’s sentence of an unreasonable sentencing (700,000 won) imposed on the Defendant is too unreasonable.

2. Judgment on the Defendant’s assertion of misapprehension of legal principles

A. On May 4, 2014, at around 00:20 on May 4, 2014, the Defendant: (a) obtained a claim from C that spits down the bus be spiting down on the bus floor at a bus stop located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, while taking a 703 bus which is owned by the victim’s new traffic owned by C; (b) caused the Defendant to damage the bus by leaving the bus be spiting the bus floor at the bus stop located in Seodaemun-gu, Seoul; and (c) on the ground that there was a fallation, the Defendant spit down the bus surface

B. The crime of causing property damage under Article 366 of the Criminal Act is established when it damages or conceals another person's property or damages its utility by other means. Here, the term "conscing the utility of property" refers to making the property in a state in which it can not be provided for its original purpose of use due to actual or appraisal, and it includes making the property in a state in which it cannot be used temporarily (see, e.g., Supreme Court Decision 2007Do2590, Jun. 28, 2007). According to the evidence duly adopted and examined by the court below, according to the evidence duly adopted and examined by the court below, the defendant listens from the bus No. 703 on May 4, 2014 to the floor of the bus No. 703, which is the victim's new traffic owned by C, and refers to the fact that the defendant spinessspherine in the bus, and the defendant's examination on the above protection of the defendant's body, which resulted in multiple of the victims.

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