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(영문) 서울동부지방법원 2013.05.02 2013노8
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

The judgment of the court below is reversed.

The Defendants publish the summary of the judgment against the Defendants not guilty.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (Deficial Error) presented the witness F, H, G, J, and I’s testimony at each court below’s court below’s conviction evidence, but it cannot be trusted the above F’s testimony, and the remaining evidence alone are insufficient to find guilty of the facts charged, the court below erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of Defendant B against the prosecutor (unfair form of punishment) is too unfilled and unreasonable.

2. The facts charged in this case and the judgment of the court below

A. On February 5, 2008, the Defendants: (a) leased the 3333,00,000,000,000 won prior to the expiration of the lease contract; (b) demanded the return of the deposit; (c) the victim would return the deposit if other tenants appear; and (d) the Defendants destroyed the rooftop floor by either cutting the bricks, fireproofs, and strings on the floor of the instant rooftop concrete floor on a horizontal basis from March 6, 2010 to March 6, 2010.

As a result, the Defendants jointly damaged the rooftop of the building owned by the victim so that it can be accompanied by the cost of repairing the building in the city.

or

1. On February 5, 2008, Defendant A leased the rooftop room of the building in Gwangjin-gu Seoul Special Metropolitan City E, Seoul, which is owned by the victim D, to KRW 33,00,000,000, and requested the return of the deposit for lease from around the summer of 2008 before the expiration of the lease term, but the victim demanded the return of the deposit, it was defective that he would make the return of the deposit for lease deposit if other tenants appear, and that he would make the return of the deposit for lease from March 6, 2010 to March 5, 2010 on the rooftop floor of the building.

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