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(영문) 부산지방법원 2018.09.07 2018노1829
문서손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not destroy the loan certificate.

B. The sentence of the lower court’s improper sentencing (1.5 million won) is too heavy.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the first instance court and the lower court, the Defendant’s destruction of the loan certificate is recognized as stated in the instant facts charged.

Therefore, the judgment of the court below to the same purport is just, and there is no error of law by mistake of facts as alleged by the defendant in the judgment below.

Therefore, the defendant's assertion of facts is without merit.

The victim consistently stated in the police to the court of the court below that “the defendant's letter of loan used by himself/herself must tear it.”

The injured party damaged the loan certificate by the defendant.

As long as there is no time from the point of time of argument, the victim's dynamic D was found together with J.

J at the time the defendant was teared from D at the time.

Recognizing that the facts were stated.

statement is made.

On the other hand, the Defendant asserted that at the time, the victim gave the loan certificate to D, and that D lost it, and that D’s legal statement made by the witness D was consistent with the above victim’s assertion.

However, the above D’s above legal statement is difficult to believe for the following reasons, and there is no other evidence to prove the Defendant’s assertion.

D With respect to the circumstances at the time of receiving a loan certificate from the injured party, "The injured party was aware of the victim's opposition to the purchase of the defendant's office and asked the victim to find it.

Upon the request of the victim, the Defendant stated to the effect that “a certificate of borrowing was received from the Defendant during the process of gathering the victim’s wife along with the Defendant.”

In doing so, as above.

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