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(영문) 서울북부지방법원 2018.05.25 2017노1485
재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of facts or misapprehension of the legal principle), M’s statement, etc., the lower court determined otherwise by misapprehending the legal doctrine on the intent to damage property, thereby adversely affecting the conclusion of the judgment.

2. An ex officio determination prosecutor has damaged the volume of 30 knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

The part “,” which is the joint ownership of the sectional owner, destroyed and damaged an aesthetic wave at the market price.

“Application for Amendments to Bill of Indictment” was filed, and this Court permitted it.

As the subject of the judgment was changed, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio reversal, the part of the damage of the property in the claim of mistake or misunderstanding of the legal principles on prosecutor's facts is still subject to the judgment of this court, and this is examined.

3. Judgment on the grounds for appeal by the prosecutor

A. On March 2015, the Defendant purchased Seongbuk-gu Seoul Metropolitan Government D General Housing (hereinafter “instant Housing”) located adjacent to the Seongbuk-gu Seoul, Seoul, where victims reside, and subsequently reconstructed into four houses.

around 10:00 on October 1, 2015, the Defendant destroyed and damaged the unsatisfies in the market price, which are co-owned by sectional owners, such as E, F, G, H, I, J, K, etc. residing in Seongbuk-gu Seoul Metropolitan Government Cown, while performing removal works on the housing purchased as above.

[....]

B. The lower court’s determination is as follows: ① in light of the fence and the structure of the fireproof body of the instant housing, the removal of the fireproof body attached thereto seems to be inevitable as long as the fence of the instant housing is removed; ② the Defendant and M are partially C lending.

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