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(영문) 대전지방법원 2020.08.20 2019노2586
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the fact-finding and mental or physical disorder);

A. The Defendant did not destroy a vehicle owned by the victim as stated in the facts constituting the crime of the lower judgment.

(M) 2.2

Even if the defendant damaged the vehicle owned by the victim as stated in the facts of the crime in the judgment below, at the time of the case, the defendant was in a state of mental disorder or mental retardation due to the influence of cerebrovascular aftermacy and drinking

(b) mental disorder 2. Determination

A. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court. The victim C stated in the court of the court below that "F, a police officer, who was a police officer at the time of the case, sent to the scene where he was sent to the scene after receiving a report that he was accompanied by the object at the parking lot, was able to ask the reporter for a sound immediately adjacent to the damaged vehicle under the influence of alcohol, and the young couple who was living in the second floor at the time of the case, called "at the time of the case, a young couple was suffering from drinking" by telephone, and stated that "at the scene, a police officer was prevented from drinking, and after confirmation, the vehicle was damaged," and that "F, a police officer at the time of the case, who was called to the parking lot, was sent to the scene, and the defendant was sent to the site by asking the reporter about the background of the report, and the victim was called to the scene as stated in the judgment below."

Therefore, the defendant's above assertion is not accepted.

B. The lower court and the trial on the assertion of mental disorder.

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