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(영문) 수원지방법원 2020.11.06 2020노1491
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The lower court erred by misapprehending the facts and thereby impairing the utility of the smoke, such as the entry in the facts charged, even though the Defendant was written in a vinyl paper, but the time was not from April to May, 2019, but from the fact that the rooftop entrance was not closed.

B. When the misunderstanding of legal principles is the shot gas generated through the smoke of the store operated by the victim, causing the shot gas to the Defendant’s house and the wall, and shot gas smelled, the Defendant was forced to shot to enter as a measure of the shot gas, and the Defendant was forced to shot the shot by using a vinyl shot. This constitutes an emergency evacuation or a legitimate act.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

C. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged is the owner of the Suwon-si building B located in Suwon-si, and the victim C (Inn, 58 years old) is a person who operates a cafeteria with the trade name “D” on the first floor of the above building.

The Defendant, on the ground that the rooftop from April 29, 2019 to May 15:00 to May 24, 2019, closed the door-to-door entrance door with a yellow vinyl with a yellow vinyl, and closed the door-to-door door door door door door door door door door door door door door door door door door door door door door door door door door door door from around 14:00 to around 15:00.

As such, the Defendant has prevented a smoke from discharging its own function, thereby impairing its utility.

B. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant was prevented from spreading the instant smoke with plastic bags from around April 29, 2019 to May 24, 2019.

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