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(영문) 수원지방법원 2014.11.20 2014노2335
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant by mistake of facts gets off a D's car in U.S., this did not cause the said car to be damaged to the extent that the said car requires a repair cost of KRW 1,009,708.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. An ex officio prosecutor filed an application for amendment to a bill of amendment with the content that “1,009,708 won of the repair cost” in the facts charged as “non-repair cost” was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.

However, even if there are such reasons for ex officio destruction, the part of the defendant's assertion of misunderstanding of facts, excluding the amount of repair cost, is still subject to the judgment of this court.

3. The judgment of the court below as to the defendant's assertion of mistake of facts is based on the evidence of the judgment, taking into account the following circumstances, namely, the CCTV screen taken by the situation at the time, that is, the defendant was taken to set up a part of the D's car-free zone between the left side and the left side, the painting of the part between the oil-free zone and the left side is taken on the photographs of the above vehicle immediately after this case, and the defendant was attached a flick at the end of the defendant's friendly delivery, and the seal of the above vehicle seems to have been flicked, thereby damaging it. The judgment of the court below is justified and it cannot be said that there was an error of law of mistake of facts alleged by the defendant, in light of the records and thorough comparison with the judgment of the court below.

4. Accordingly, the defendant's assertion of mistake is without merit, but the judgment of the court below is without merit.

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