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(영문) 수원고등법원 2019.08.22 2019노88
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) misunderstanding of the legal principles as to elements of a crime and the act of a political party does not fall under public goods under Article 141(1) of the Criminal Act, and thus, it cannot be deemed that the Defendant’s act was committed on the wall of the instant Vietnam, which had already been engaged in a part of its future work. Even if it is recognized as constituting elements of a crime, the illegality of the Defendant’s act is excluded as an act contrary to the social norms. Nevertheless, the lower court erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the lower court erred by misapprehending the legal doctrine, which found the Defendant guilty of the facts charged in the instant case, and thereby adversely affected the conclusion of the judgment, even though Article 3 subparag. 9 of the Punishment of Minor Offenses Act or Article 54 subparag. 3 of the Urban Park and Greenbelts Act, which is a special law, is preferentially applied to the Defendant’s act in violation of the special law

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 5,000,000) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal principle as to the assertion of misapprehension of the legal principle as to the elements of a crime and the act of a political party in the original instance, and the defendant and his defense counsel asserted the same as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion by giving a detailed statement on the assertion of the defendant and his defense counsel under the title “determination of the defendant and his defense counsel.” In comparison with the above judgment of the court below, the judgment of the court below is just and acceptable, and contrary to the defendant’s assertion, the court below did not err by misapprehending the legal principles as to the elements of the crime of damage to public goods or the legal principles as to the

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