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(영문) 서울중앙지방법원 2014.06.26 2014노66
재물손괴등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of the facts charged of this case

A. On December 15, 2012, the Defendant: (a) completed one hour’s singing time as agreed in the “E” singing room operated by Jongno-gu Seoul Metropolitan Government C and the second floor victim D; (b) however, the Defendant: (c) discarded any alcoholic beverage that the victim refused to do so in the singing room; and (d) took the victim’s desire to “the same year for the weather of the weather.”

In addition, the Defendant: (a) caused a fire extinguisher, which is installed in the instant singing gate’s corridor, to be cut to stairs, and then cut to the first and second floors, thereby impairing the utility of fire extinguishers and singing rooms; and (b) ultimately, damaged another person’s property.

B. The Defendant: (a) attempted to flee after destroying and damaging property at the time, place, as mentioned in Paragraph (1); and (b) prevented the victim D (the age of 59) from doing so; (c) obstructed the victim’s chest; (d) pushed the victim’s chest; and (e) assaulted the victim by breaking the boom.

Summary of Grounds for Appeal

The judgment of the court below which found the defendant guilty of all the facts charged of this case even though the fire extinguishing machine in this case was the wind which goes beyond the defendant's growth, and the defendant did not intentionally destroy the fire extinguishing machine, and the defendant did not assault the victim as stated in the facts charged, it erred by misapprehending the legal principles or misunderstanding the facts.

Judgment

A. Prior to the judgment on the grounds of appeal by the defendant's ex officio, prior to the judgment on the grounds of appeal by the court below, the prosecutor applied for amendments to the indictment with regard to the damage of property among the facts charged in the instant case, and the prosecutor applied for the alteration of the fire extinguishing machine's phrase "exploiting the fire extinguishing machine with stairs in an irregular way." This court permitted it, and the above crime and the crime of assault as stated in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment is imposed.

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