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(영문) 부산고등법원 (창원) 2012.11.09 2012노209

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit the same crime as the entries in the instant facts charged, the lower court erred by misapprehending the fact that the Defendant committed such crime, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the victim F put the victim F into a G low-est car owned by him, and the victim's wife purchased labr and DNA labr on August 19, 201 and sent the victim's gift. The victim's wife was the victim's wife at WX amblco and the above victim's wife was the same product as the above victim's labr, which was seized during the defendant's possession, and the defendant's inspection was the same as the above labr, which was contained in the above labr's gift, and the defendant's name was affixed to the above labr's labr's name at the time of the initial police investigation, and ② the defendant's labr's name and the defendant's body's labr's labr's name at the defendant's bar that he had the above labr's name at the time of this case.

The author knows that the line was used, the movement was done, and the movement was changed, and we continue to use it.