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(영문) 전주지방법원 2018.11.15 2018노1248
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (200 million won) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles and the Defendant-friendly relationship at the time of the instant case. In such a situation, if F was pushed a table in the direction of the Defendant, it is apparent that the Defendant would naturally exercise a tangible force, such as setting up the table table F, etc., and F would have been aware or predicted that the office length, etc. of the main office, etc. may be damaged by his own act, as a matter of course, jointly with the Defendant.

It is reasonable to view it.

Nevertheless, the lower court had mutual understanding as to sharing property damage between F and the Defendant.

Since it is difficult to see that the charges of violation of the Punishment of Violences, etc. Act (damage to joint property) were acquitted, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The Defendant, at around 23:50 on July 17, 2017, as pro-friendly F along with F, carried out a dispute with the victim D (32 32) located in C, which is a monetary issue, and at the time of mutual dispute, F, one set of a bridge for the test to display the table table for the Defendant, which had been located in C, once, and then fell off with C, with the following: (a) the beer and the water disease in C; (b) the beer and the water disease in C; (c) the water disease in C; and (d) the beer and the beer and the floor of C, which caused the flooding; and (d) the so-called hicking of the so-called so-called ruping.

Accordingly, the defendant damaged the property owned by the victim jointly with F to the total repair cost of 2,635,000 won.

B. The lower court’s determination is based on the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the joint principal offender is jointly committing a crime among the actors.

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