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(영문) 청주지방법원 2017.09.22 2017노451
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the statements made by the victim of mistake of facts, the court below found the defendants not guilty of this part of the facts charged although the defendants could sufficiently recognize the fact that some clothes together with the victim's households, etc. were abandoned, and there is an error of misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment of each sentence (one million won per fine, and one million won per defendant D: 1 million won per sentence) that the court below sentenced the defendants to the sentencing unfair is deemed to be too uneasible and unfair.

2. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the father’s husband of the Defendant A, B, and C (hereinafter “Defendant A, etc.”) and the deceased G (hereinafter “the Deceased”) who is the husband of the victim with interest on the father of the Defendant A, B, and C (hereinafter “Defendant A, etc.”) were hospitalized at the hospital on May 15, 2014 after having suffered a traffic accident, and died on January 2, 2015.

The victim appears to have taken place almost before the deceased died with the deceased at the hospital. ② After the death of the deceased, the victim left the house where the deceased died together with the deceased (hereinafter “the house of this case”) twice in one month, and managed the said house, and it seems that he did not board and lodge the house. ③ The Defendant A et al. left the village of the deceased’s mountain site around September 2015, and the Defendant A et al. left the house of this case and left the house of this case. ④ The fact that the Defendant et al. left the house of this case and left the house of this case. ④ The Defendants consistently recognized the fact that the Defendant et al. used the house of this case together with the deceased, but it appears that there was no reason to make a false statement on the victim’s uniform, and the evidence submitted by the prosecutor alone that the Defendants were in the entrance of the village of this case.

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