재물손괴등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In relation to the misapprehension of legal principles, the victim lost possession of cellular phone A at the time of the instant case, and the hospital manager’s possession was commenced.
Therefore, even though this part of the crime is only a crime of embezzlement, the court below decided this as a special larceny, which is erroneous in the misunderstanding of legal principles.
B. The lower court’s sentencing against the illegal Defendants is too unreasonable.
2. Determination
A. 1) The lower court’s determination on the assertion of misapprehension of the legal doctrine 1) In full view of the legal doctrine as stated in its reasoning and the adopted evidence, the lower court still occupied the victim’s cell phone lock at the time when the Defendants stolen the victim’s cell phone lock on the water purifier.
It is reasonable to see that Defendant A, who confirmed the video recording time of a closed circuit, has performed a wall and carried out the wall while carrying out the wall, and after committing the crime, Defendant B divided the money out of the above hospital with Defendant A and the wall.
In light of the fact that Defendant A stated, Defendant A also prepared a written statement by the prosecution and the fact that he committed this part of the crime, etc., the Defendants jointly recognized the fact that he stolen the victim’s property as stated in the judgment of the court below.
The decision was determined.
2) Examining the records of the above deliberation in light of the records, we affirm and accept the above fact finding and determination by the court below, and there is an error of law by misunderstanding the legal principles as alleged by the defendants in the judgment below.
Therefore, the Defendants’ above assertion is without merit.
B. It is recognized that the Defendants’ assertion of unfair sentencing is divided by replacing their mistakes, the damage caused by the instant crime is relatively minor, and the Defendants agreed with the victims.
However, the defendant B had the same criminal record in several times.