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(영문) 인천지방법원 2019.05.24 2018노3706

특수절도

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts and misapprehension of legal principles have thought that the Defendants were able to temporarily use and return the fingers owned by the victim (hereinafter “the instant fingers”), they cannot be recognized as the intention of special larceny and the intention of unlawful acquisition. Even if Defendant A is recognized as the intention of unlawful acquisition, Defendant B did not have conspired with Defendant A for larceny.

B. Even if the court below found the Defendants guilty of unfair sentencing, each of the punishments imposed by the court below on the Defendants (one year of imprisonment with prison labor for six months and one year of suspended execution) is excessively unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding of facts and misunderstanding of legal principles is based on the evidence duly adopted and examined by the lower court, and the Defendants, who received computer education at the elderly community center and were aware of each other, are EMt (hereinafter “instant EM”).

(2) The court below's judgment of the court below and the court below acknowledged the following circumstances: (a) even though the court below's judgment was duly adopted and investigated by the court below, it did not make any word that the victim borrowed the hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand, and (b) Defendant A purchased the hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand, without any words, (c) Defendant A purchased the hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand, and (d) Defendant A did not move the hand hand hand hand hand hand hand hand hand hand hand hand, and (e) Defendant A purchased it from the entrance of this case. < Amended by Presidential Decree No. 20775, Mar. 24, 200; Presidential Decree No. 20747, Feb. 24, 200; Presidential Decree No. 20020, Mar. 19, 2000>