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(영문) 대구지방법원 2020.10.07 2020노421
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of mistake of facts and misapprehension of legal principles is self-defense, and the Defendant’s act fell under self-defense, as it cut a banner on a banner installed by the victim, which goes beyond his body.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, the Defendant may recognize the fact that the Defendant destroyed 6 banners owned by the victim as stated in the instant facts charged, and cannot be deemed as self-defense.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant.

① The Defendant recognized the fact that six placards owned by the victim were destroyed by an investigative agency, and the reason for the destruction of the banner was illegal for the victim to stand the banner, and was stated to be due to the victim’s personal appraisal, and the victim’s personal self-defense was not entirely asserted.

(Investigation Records 39 to 43) In addition, the defendant denied the crime on the first trial date of the original instance, but on the second trial date of the original instance, he recognized all the facts constituting the crime with the assistance of a public defender.

(2) The Defendant asserted that the Defendant damaged the banner owned by the victim, on the banner installed by the victim, on the ground that the Defendant was on board the letobane and was on the letobane, and was on the letobane treatment.

(No. 32 of the record of public trial). Self-defense is currently unfair as to one's own or another's legal interests.

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