logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.10.27 2017노1433
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) misunderstanding of the fact that the vehicle of this case was set up a bridge above; and (b) the damage from the lag of the vehicle of this case was not caused by the Defendant’s act.

Nevertheless, the court below found the defendant guilty of the facts charged of this case, and there is an error of misunderstanding facts.

B. The sentence of the lower court (an amount of KRW 500,000) that is unfair in sentencing is too unreasonable.

2. The following circumstances, which can be acknowledged by the evidence duly adopted and examined in the lower court’s determination as to the assertion of misunderstanding of facts, i.e., ① in the case of BMW vehicle, the bMW service center staff I cannot set up the bM vehicle so long as the bM vehicle does not walk the bM vehicle, and thus, if the bMW vehicle he puts the bM vehicle to force it, the color of the bM vehicle can be set off in line with the b

In full view of the facts that the Defendant made a statement, ② the Defendant seems to have forcedly catched and posted the instant vehicle wheeler by giving considerable force, ③ the bomb part of the bomb to be forced and set up, it is reasonable to view that the bomb part of the instant vehicle bomb in light of the fact that the bomb part of the vehicle bomb is likely to be flads inflads and can be cut off by fladsing the part of the vehicle bombs of the vehicle bombs of this case.

Defendant

This part of the defense counsel's assertion is not accepted.

3. It is true that the degree of damage of the instant vehicle is not so significant as to the determination of the unfair argument of sentencing, and that the Defendant has no other punishment force except three times of fines.

However, the crime of this case was committed by force by the defendant, on the ground that it is difficult to pass by the damaged vehicle parked by the defendant, and it was destroyed by putting the poer out in hand, and cutting off the turf colored in the turs, and the nature of the crime is not good.

The victim of this case.

arrow