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(영문) 대전지방법원 2015.05.28 2014노1378
재물손괴등
Text

Defendant

The appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant was found not guilty on May 18, 2013 on the grounds that he did not assault the Victim C on or around 01:17, and thus, the judgment of the court below which acquitted the public prosecutor, which affected the conclusion of the judgment, is erroneous in the misapprehension of the judgment of the court below. 2) On May 18, 2013, the Defendant: (a) the part of the damage to property, which was the damage of property, misunderstanding the fact that the Defendant was guilty of the judgment; (b) around 01:17 on May 18, 2013, 392-2, the part of the damage to property, which was placed on the cafeteria which was set up on the cafeteria of the cafeteria, was faced with even a white vehicle set up on the cafeteria; and (c) the victim C was hicked, and (d) the Defendant did not commit a crime, such as harming the victim’s vehicle wheel, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below sentenced the defendant to dismiss the indictment on this part of the charges of assault part 1. The defendant, upon the dismissal of the prosecution, returned to the state without institution of the prosecution and returned to the state without institution of the prosecution, and thus, the defendant does not have the right to appeal against the judgment of dismissal of the prosecution (see, e.g., Supreme Court Decision 83Do632, May 10, 1983). This part of the appeal raised by the defendant is without any reason to further examine the damage and damage of property. 2) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim i., “the defendant was frighten from the police to the fright-hick-slow-slow-slow-slow-slow-slow-slow and the victim was able to get aboard the victim, and the defendant was harming the chief part of the vehicle.”

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