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(영문) 광주고등법원 (제주) 2016.04.27 2015노117
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principle 1) lack of evidence to prove that the Defendant committed a crime, and at the time, the Defendant was engaged in very rough and mental work, and thus was in a mental and physical state.

2) The fact that the Defendant interfered with the business did not allow the Defendant to stop the vehicle on his own at the site of the instant case, and only was on the side of the U.S. event

Therefore, it can not be considered that the defendant is a joint principal offender for interference with business with others who had been at the scene.

3) An employee AB belonging to Samsung C&T Co., Ltd. continues to take a cambior’s unfresher’s unfresher’s surface and the appearance of strong village residents, and continues to take a cambr when the J was requested to suspend taking a cambr, and the J and the Defendant had a camber’s camb’s tort.

B. Improper sentence of the lower court (a year and six months of imprisonment, a year and six months of probation, a observation of protection, and a community service order of 200 hours) is too unreasonable.

2. Determination

A. The Defendant also asserted that the lower court had the same purport as the misunderstanding of the above facts and the misunderstanding of the legal doctrine, and the lower court rejected the said assertion by providing a detailed statement on the determination of the lower court.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. The circumstances favorable to the Defendant include the fact that the value of the Defendant’sless electricity and camping scam was destroyed and damaged, and that there are circumstances that can be considered as the motive for the crime, etc.

However, among the attempts of the defendant being tried for similar crimes, each of the crimes of this case committed several times, and the fact that the damage has not been recovered is disadvantageous to the defendant.

The above circumstances and the defendant's age, sex, career, family relationship, and crime.

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