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(영문) 인천지방법원 2020.09.24 2019노4184
권리행사방해
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of one million won.

The defendant above.

Reasons

1. The summary of the grounds for appeal is that the defendant himself/herself has damaged the entrance door of this case, and according to the statements and field photographs of A, who is an accomplice, the defendant can be found to have committed the crime of this case, the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of facts.

2. Determination

A. The lower court determined that the Defendant was acquitted of the charges of this case on the ground that: (a) the victim H stated in the investigative agency and this court that “A was satisfing in the instant Dora, E, F, and G lending on the date of the instant case; (b) the Defendant was accompanied by the accompanying person of I, who is a partner; (c) the Defendant was not erroneous; (d) the Defendant stated that “A was satisfing in the window, but not satisfing in the window; (b) the witness stated that “A was witnessing in the course of the instant case to damage the Dona by inserting the Dona; and (d) the evidence submitted by the prosecutor alone was insufficient to prove that the Defendant interfered with the victims’ exercise of rights by means of destroying the door door door of each Dona, occupied by the victims; and (e) the witness stated that “A was a witness of the instant case.” In full view of the facts not mentioned separately with the Defendant B, the evidence submitted by the prosecutor alone cannot be deemed otherwise proven.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the defendant, upon being investigated by an investigative agency, stated that he and the co-defendant A used the insertion at the time of the instant case that he and the victims damaged the entrance door gate of each room possessed by the victims, and ② the defendant damaged the above fishing village together with the defendant.

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