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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case, the part pertaining to “in-house facilities installed by the injured party” and “in-house owners and owners,” which are the object of the damage, is not specifically specified and thus, the indictment is unlawful.
B. There was no misunderstanding of the fact that the Defendant did not steals the biological beer machine, and there was no fact that the Defendant removed and destroyed the internal facilities, import beer, dryer installed by the victim, and ice removal.
C. The sentence of unfair sentencing (six months of imprisonment and one year of suspended execution) by the lower court is too unreasonable.
2. Determination:
A. The purport of the law that specifies the facts charged by specifying the time, place, and method of a crime is to limit the scope of the trial against the court and to facilitate the exercise of the defense right by specifying the scope of the defense against the defendant. As such, the facts charged is sufficient if the facts constituting the crime are stated to the extent that it can be distinguished from other facts by integrating these elements, and even if the date, place, method, etc. of the crime are not explicitly stated in the indictment, it does not go against the purport of the law that specifies the facts charged as above, and if it is inevitable in light of the nature of the crime charged, the indictment cannot be deemed unlawful since the contents of the indictment are not specified.
(See Supreme Court Decision 9Do2934 delivered on Nov. 12, 199) Of the subject matter of damage of this case, the phrase “internal facilities installed by the victim” and “import beer and beer owned by the victim” are not specifically specified, even if they were not specifically specified, they are deemed to have limited the subject matter to be tried, and there is no difficulty in exercising the defense right by specifying the scope of defense of the defendant, and the content of prosecution is not specified.