(영문) 인천지방법원 2020.01.10 2019노325 | 리걸엔진

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(영문) 인천지방법원 2020.01.10 2019노325

절도

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts or misunderstanding of legal principles recognized that the Defendant was abandoned on the street of this case as an object without owner, there was no intention of larceny, and the market value cannot be deemed to be 20,000 won or more.

Nevertheless, the court below found the defendant guilty of the facts charged in this case on the ground that the defendant had the intention of larceny and the market value of the damage of this case is equivalent to 200,000 won. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. On October 5, 2018, according to the judgment of the court below on the grounds for appeal ex officio, the defendant was sentenced to four months of imprisonment with prison labor for an injury at the Incheon District Court on October 5, 2018, and the judgment became final and conclusive on April 4, 2019. The crime of the court below and the above injury crime for which the judgment of the court below became final and conclusive on April 4, 2019 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the court below in consideration of equity in the case where the judgment is to be rendered simultaneously pursuant to the former part of Article

However, even if there are such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court.

B. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the victim discovered the instant fingers along with the table 01:49, the Defendant discovered the damaged goods at around 01:49, and found the fact that the instant fingers had been placed in his/her string line with the string line.

In addition, the victim is the victim.

참조조문

-형법 제39조 제1항

유사 판례

-대전지방법원 2013.8.16. 선고 2013고정282 판결

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-인천지방법원 2019.05.24 2018노3706

-청주지방법원 2020.12.17 2019노1250