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(영문) 대전지방법원 2018.07.18 2018노1180

특수절도등

Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The misunderstanding of the facts did not lead each of the crimes of this case, and there was only the fact that Defendant B responded to the proposal of the crime.

2) The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence that the lower court sentenced the Defendants (one and half years of imprisonment with labor for Defendant A, and six months of imprisonment with labor for Defendant B) is too uneased and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding Defendant A’s assertion of misunderstanding of facts, i.e.,, Defendant B’s investigation agency where “Defendant A was in a second place in Daejeon on February 3, 2018.”

We would like to have stolen and stolen Guide and divided it.

On the other hand, I agreed to commit the crime No. 1 of the facts stated in the judgment below.

In addition, A has been placed on February 5, 2018.

As seen above, Defendant A stated that he committed the crime No. 2 of the criminal facts as indicated in the judgment below, and the remaining KRW 60,000,000,000,000,000,000,000 won, out of the total amount of f0,000 won, came to constitute each of the crimes as to Defendant A’s proposal. ② Defendant A did not have to lend money to Defendant B in relation to the criminal facts as stated in paragraph 2 of the judgment of the court below in relation to Defendant A’s criminal facts as stated in the judgment of the court below. Defendant A did not have to lend money to Defendant B, to see that it was necessary to lend hospital expenses to Defendant B, and that it would have to return fat to B as he did not have a physical face with the wind of the previous crime.

Therefore, the defendant B stated that he returned to the process of removing the Haakcheon, the voice area, etc., near seven months, and that he stored the said place of crime, thereby stealing it, and thereby committing the crime that he intends to bring to B. < Amended by Act No. 1514, Feb. 1, 2018>