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(영문) 전주지방법원 2016.05.27 2015노1360
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. The act of damage of this case was committed in the course of installing a drainage, and there was an implied consent of the victim, thereby constituting a crime of damage to property.

(b) No such provision;

Even if the act of damage in this case is not contrary to social rules, illegality is excluded.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion that the implied consent was obtained, the defendant can sufficiently be admitted that the defendant committed the act of damaging the case without the victim's explicit or implied consent. Thus, this part of the defendant's assertion is without merit.

B. The defendant alleged the same purport in the judgment of the court below as to the assertion that it does not violate social norms, and the court below rejected the above assertion by stating in detail the judgment of the defendant and defense counsel's argument in the column of "the judgment of the defendant and defense counsel's argument." In light of the records, the judgment of the court below is justified and it is erroneous in the misapprehension of legal principles as alleged by the defendant.

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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