(영문) 춘천지방법원 2014.08.27 2014노275 | 리걸엔진

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자간(%)

(영문) 춘천지방법원 2014.08.27 2014노275

재물손괴

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Grounds for appeal;

A. The judgment of the court below that recognized the crime of causing property damage to the defendant as the crime of causing property damage is erroneous by misunderstanding the facts, which affected the conclusion of the judgment, although there was a fact that the defendant misunderstanding of facts had taken a look at the victim's passenger car volume as stated in the facts charged in this case.

B. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to depression, etc.

C. The court below's sentence of unfair sentencing (the fine of 500,000 won) imposed on the defendant is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, in particular, the victim's statement at the court below's court, the image of the damaged vehicle-related photograph, and the result of the verification of the video CD, it can be sufficiently recognized that the victim's vehicle was damaged due to the fact that the defendant's fault was damaged, and the damage means that the victim's vehicle was damaged by the material or physical damage by exercising the direct force of all or part of the property or document, and the damage means that the original function has been damaged or reduced by destroying the material or physical damage. However, as long as the original function has been reduced due to a sensation of the preceding driver of the above vehicle, it constitutes a property damage. Therefore, this part of the defendant's argument is without merit.

B. In light of the following: (a) determination as to the claim of mental suffering from mental illness; (b) the background leading up to the Defendant to the instant crime; (c) the means and method of the commission of the crime; and (d) the circumstances after the commission of the crime, etc., it is not deemed that the Defendant had the ability to discern things or make decisions at the time of the crime

C. Although the Defendant denies the instant crime until the trial on the assertion of unfair sentencing, it constitutes the instant crime.

유사 판례

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-창원지방법원 2016.11.03 2016노1694

-대구지방법원 2014.09.17 2014고정1169

-서울중앙지방법원 2013.04.04 2012노4021