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(영문) 서울중앙지방법원 2018.03.29 2017노4585
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

misunderstanding of the substance of the grounds for appeal or misunderstanding of the legal principles, the Defendant did not commit a crime of intrusion upon his/her residence or damage to property on March 30, 2017.

This is merely a type of characters, namely, “salvouting in writing,” “explosing in writing,” “explosing in writing,” and “debrising in office,” when using the word “salvout in wage” at the time of the commission of the crime on March 10, 2017. Nevertheless, the lower court erred by recognizing the Defendant as having committed a crime of intrusion upon residence and a crime of destroying property, separate from the crime on March 10, 2017.

The punishment sentenced by the court below (the imprisonment of 8 months, the suspension of execution of 2 years, the observation of protection) is too unreasonable.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the court below's conviction is just and acceptable, and there is an error of misconception of facts or misapprehension of legal principles as pointed out by the defendant.

shall not be deemed to exist.

The victim suffered damage, such as food care glass and al. from the appearance of the victim on February 28, 2017, which was damaged by the victim, such as refratium and al.e., 2017 High Court Order 2579 (Ga) and (b) of this Court.

The report was made on March 10, 2017, and the case number is also the same.

As described in paragraphs (h) and (d), the key hole was destroyed and damaged, and the surface of the entrance, corridor, and parking lot was written with red tamper on the wall of the entrance, and reported damage.

On May 8, 2017, the victim reported damage to another time, and discovered that "the victim left Japan from March 14, 2017 to May 6, 2017 and returned to the house," and "on the inner side of the fourth floor color iron paper, which had not been previously existed, earing "on the wall inside and right side of the color iron paper," the victim discovered that the victim was shot up with "A" red chromatic space "a chrost" in the front side of the wall of the color iron paper.

was stated.

As such, the victims reported the damages suffered three times, respectively, and the damages suffered separately.

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