logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.17 2015노1064
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. There was no misunderstanding of facts that the Defendant destroyed a victim’s vehicle after the victim’s vehicle, thereby damaging the victim’s body.

B. Although the Defendant, in light of the legal principle, was flicker in the victim’s vehicle, the victim’s vehicle can not be deemed to have undermined the utility of property because the degree of flicker in the victim’s vehicle is insignificant.

C. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

A. In full view of the following circumstances acknowledged by the lower court’s evidence duly adopted and examined as to the assertion of mistake of facts, namely, G on the victim’s vehicle, which stated that the Defendant had a sound “frut” in an investigative agency when the Defendant had been in the victim’s vehicle; ② the Defendant was in close vicinity to the victim’s vehicle; and the Defendant also recognized that the victim’s vehicle was too close to the victim’s vehicle and the victim’s vehicle was too parked, and the victim’s vehicle was too close to the victim’s vehicle, and thus, the Defendant was fluent with the victim’s vehicle. As such, the fact that the Defendant destroyed the victim’

Therefore, the judgment of the court below that convicted the defendant is just and the defendant's assertion of mistake is not justified.

B. The crime of causing property damage is established when another person’s property is damaged or concealed, or where the utility thereof is harmed by other means. Here, “the utility of property” means making the property difficult to be provided for the original purpose of use due to actual or emotional harm, and includes making the property in a state in which it cannot be temporarily used (see, e.g., Supreme Court Decision 2007Do2590, Jun. 28, 2007). In light of the above legal principles, the following circumstances acknowledged by the above evidence are examined as to the instant case, namely, ① the back door of the victim’s vehicle due to the Defendant’s act.

arrow