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(영문) 서울중앙지방법원 2012.12.06 2012노3353

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, while misunderstanding of facts (a thief) brought about golf loans as stated in the judgment of the court below to return them to the victim, he was forgotten and was only on the house.

Therefore, there was no intention of illegal acquisition at the time of bringing golf loans.

B. The lower court’s sentence against the Defendant of unreasonable sentencing (two months of imprisonment, two years of suspended execution, two years of probation, and forty hours of probation and compliance driving lecture) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Of the instant facts charged, the Defendant: (a) around 01:00 on May 29, 2012, at the D parking lot owned, managed, and managed by the owner of the D Building in Gangnam-gu Seoul Metropolitan Government, the victim E used a golf practice, and (b) took four golf loans with the market value of KRW 1060,000 between the victims on the Defendant’s vehicle and stolen the victim’s property.

B. The judgment of the court below is based on the records, i.e., ① the Defendant was in possession and management of the building owner of the Gangnam-gu Building in Seoul, and 4 golf bonds owned by the victim on the parking lot rail and brought them into the Defendant’s house in the parking lot rail. ② The above D golf driving range was operated by the manager up to five new walls, and the Defendant did not leave the above golf loans to the manager, even though the manager was in the above D golf driving range at the time when the Defendant brought the above golf loans, and the Defendant did not completely endeavor to find or return the said golf loans to the manager, ③ the Defendant was in possession of the police for a considerable period of time (one week) and received the above golf loans from the investigative agency, and the Defendant returned the above golf loans to the victim. < Amended by Presidential Decree No. 17582, Apr. 1, 2004>