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(영문) 대구지방법원 2014.11.20 2014노1028
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a mistake of fact, the Defendant’s misunderstanding of facts damages electric lights and tables, or a written estimate submitted by the victim is written differently from the facts of damage, and the amount of damage is exaggerated.

(Ack of causing damage to property). The victims are not faced with the table table.

The injury of victims is likely to be fabricated.

(Bodily Injury). Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. The Defendant asserts to the effect that the damage amount is exaggerated due to the fact that electric lights, tables, etc. were damaged or the written estimate submitted by the victim was written differently from the fact of damage.

However, according to the evidence duly adopted and examined by the court below, such as the testimony of witness B and field photographs (see, e.g., 10 pages) of the court below, the fact that the defendant attached the front side, damaged the walls of the carpet operated by the victim B while attaching the tables, and that the above victim paid the repair cost of KRW 80,000 (see, e.g., evidence records, 46 pages, 110 pages).

Even if all records are examined, it is not deemed that the written estimate submitted by the victim contains any different acceptance details, and there is no other evidence supporting the Defendant’s assertion.

Next, the defendant asserts that the victims did not receive a prize because the table is consistent with the table.

However, the victim B made a statement at the police station to the effect that the Defendant first saw the table, and that the Defendant was next to the table when he was laid out of the table (see, e.g., 63 pages of investigation records), and that the victim E was the same.

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