beta
(영문) 서울남부지방법원 2016.01.15 2015노293

절도

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts or misunderstanding of legal principles, the Defendant obtained the victim C’s consent to bring the camera, and the Defendant is one of the parts of the Kameras, which brought about, and thus, bringing the above Kameras does not constitute larceny.

In addition, even if the consent of the victim was accepted by only the part other than the domains among the cameras, the defendant mispercing that it would result in the whole of the cameras including the domains, and thus, the defendant had the intention of larceny.

subsection (b) of this section.

Nevertheless, the court below erred by misunderstanding the facts or misunderstanding the legal principles, which decided that the defendant's act of bringing the Kameras's domain will be punished by larceny.

B. The sentence of a fine of one million won imposed by the lower court is too unreasonable.

2. Determination

A. On July 21, 2014, around 16:50 on July 21, 2014, the Defendant, at D’s research institute, the victim C, the representative of which is the victim C, the Yeongdeungpo-gu Seoul Metropolitan Government building B, No. 1, 724, was stolen by putting one U.S. camera in a stuff.

B. The lower court found the Defendant guilty of the instant facts charged based on the evidence duly adopted and examined by the lower court.

(c)

Although the Defendant recognized the fact that the Defendant brought the instant cameras to the police, and consistently, from the police to the trial of the party, it would bring about the instant cameras, this would result in the Defendant’s consent to bring the said cameras to the said cameras, and thus, it does not constitute larceny. Accordingly, the Defendant denied the facts charged in the instant case.

Therefore, we examine whether the above C consented to bringing the above main body to the defendant, and then examine the evidence duly adopted and investigated by the court below.