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(영문) 인천지방법원 2017.01.18 2016노2347
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not have any fact that the defendant has damaged the victim's entrances, fingers, etc. as stated in the judgment of the court below.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

2. According to the evidence duly adopted and examined by the court below, the witness E, a resident of this case, was consistent from the investigative agency to the court of the court below, and “I am out of 8:00 p.m., at the same time, I am out of the front line, and was charged with passwords outside of the front line, but I am out of the stairs and am off the door of 101, and am back to the front line.

The 201 residents F, who opened a door from the stairs he / she is going to following the Defendant, shall be deemed to have the Defendant’s door.

’ 고 하였고 이에 F이 피고인에게 ‘ 쿵쾅거리는 소리 못 들었냐

“I do not know the Defendant.”

The defendant can fully recognize the fact that he has damaged the victim's property in full view of the fact that he stated that the above witness was enrolled and there is no reason to make a false statement in the position of witness.

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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