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(영문) 대전지방법원 2016.07.13 2016노291
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as a result of the dispute over a call rate, caused a disturbance with the victim, there was a disturbance in the call Ban office operated by the victim (hereinafter “instant office”), the Defendant did not destroy the victim’s objects in front of the said office, or intrude into the said office, and did not damage the victim’s objects.

In addition, the victim did not know on the premise of this.

However, the lower court found all the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in October, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. 1) According to the record as to the assertion of mistake of facts, the record as to whether the defendant damaged the victim's goods in front of the office of this case, the J, which was committed by the defendant, went to the office of this case as the defendant, at the time of the investigation agency and the court of the court below, and at the same time, held that the defendant did not receive the victim's phone, while the defendant did not receive the victim's phone, and supported the garbage bags and fire with garbage bags.

Statement is made (No. 148-149 of investigation records, No. 103 of trial records). At the time of the above office

In the investigation agency and the court of the court below, I also parked the knife on the spot, left the knife at the bar, and sent the defendant in the vehicle. The defendant took a bath while making a telephone, took a sound before the office, and took the knife and took the knife in front of the office.

He state his statement (20 pages of the investigation record, page 126 of the trial record). Hdo investigative agency and court of the court below, which operate K in the alleys between the office of this case and the alleys, shall be accompanied by the words at the time of this case.

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