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(영문) 창원지방법원 2015.12.17 2015노1914
장물운반등
Text

Defendant

The judgment of the court below against B shall be reversed.

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B above.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts by Defendant A’s request, but although Defendant A was not aware of the fact that the above goods were stolen, Defendant A’s conviction of this part of the facts charged was erroneous and adversely affected the conclusion of the judgment (On the other hand, Defendant A’s summary of pleading was submitted after the lapse of the period for filing a statement of grounds of appeal on December 9, 2015, and the allegation contained in the above summary of pleading was submitted after the lapse of the period for filing a statement of grounds of appeal, except for the above mistake of facts and the allegation of unfair sentencing, and cannot be deemed legitimate grounds

(2) The Defendant A asserts that the sentence imposed by the lower court (two years of imprisonment and three years of suspended execution) is too unreasonable.

B. Defendant B asserts that the sentence imposed by the lower court (two years of suspended sentence in six months of imprisonment) is too unreasonable.

C. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part of the judgment of the court below) asserts that the prosecutor of the court below acquitted Defendant B and C on the ground that the evidence submitted by the prosecutor alone cannot be deemed as having inflicted injury on the victim by jointly sharing with Defendant A, even though Defendant B and C acknowledged the fact that he inflicted injury on the victim G, and that there was no other evidence to acknowledge this differently, and that there was an error of law by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. 2) The prosecutor asserts that the above sentence sentenced to Defendant A and B by the court of unfair

2. Determination on the assertion against Defendant A and the Prosecutor A

A. At around 10:40 on April 23, 2015, Defendant A, a summary of the facts charged in this part of the charge, which was found to be erroneous, stolen from B and concealed in the fish hold once again, at the front of the Tong Young-gu water colon, which was situated at the front of the Tong Young-gu.

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