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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant sold pine trees to Defendant F (hereinafter “instant pine trees”) is not the sole ownership of the victim C, it is the joint ownership of the Defendant and the victim, and the victim’s prior consent was obtained in disposing of the instant pine trees, the lower court found the Defendant guilty of the facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The Prosecutor’s sentence (four months of imprisonment) is too unhued and unfair.
2. Determination
A. The following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the first instance court as to the Defendant’s assertion of mistake of facts, namely, ① the victim did not obtain the victim’s permission in disposing of the instant pine trees to F on December 30, 2014, and thereafter made a claim against the Defendant, F, and G after having become aware of such fact.
The Defendant stated consistently, and ② “In concluding a sales contract for the instant pine trees, the Defendant knew that there was a dispute over the ownership of the instant pine trees with the victim.”
If such remarks were made, the instant pine trees did not disappear.
“After the purchase of the instant pine trees, the victim raised an objection.”
“F’s statement to the effect that the instant tree was cut out on February 23, 2015,” and “the instant tree was cut out on February 23, 2015,” and there was a sign sign that read “this tree flad. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.
was made.
According to the G’s statement to the purport and the record on January 11, 2015 containing the content of conversation between the Defendant and the injured party, the above statement made by the injured party is highly reliable, and ③ the Defendant and the injured party established a specific partnership with respect to planting and selling the instant pine trees.
There is no evidence to see.