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(영문) 부산지방법원 2017.10.27 2017노2805
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, by mistake in the process of moving the office, moved the air conditioner and the outdoor air conditioner to another office; and (b) the lower court found the Defendant guilty of the facts charged in this case without theft; and (c) the lower court erred by misapprehending the facts, thereby adversely affecting

2. The lower court, based on the evidence duly adopted and examined, found the following circumstances, i.e., ① the Defendant, who had worked as the head of H H branch, leased the instant office from the victim on April 1, 2013, and the Defendant, on April 1 to May 2013, who had moved into the said office, had the victim installed in the said office (Evidence Nos. 1, 4, 13, 2, 58, 74, 79, 80) (Evidence No. 1, 58, 74, 79, 80 of the evidence record), and ② the Defendant removed all other accommodation at the instant office after completing the lease on June 6, 2015, at the instant office. On June 7, 2015, the Defendant, who moved into the said office, had D separately removed the instant air conditioner’s office (Evidence No. 29, 134, 35, 2015, on June 7, 2015).

In addition, there is not only the statement (2°58 of the evidence record) but also the victim leased the office of this case to the defendant.

In light of the fact that only I made a statement and there was no indication about I (No. 2 & 9 of the evidence record), and the lease agreement also entered the lessee as “H” (No. 1 & 13 of the evidence record), and any materials that the defendant did not submit from I that he acquired all the equipment including the air conditioner and the outdoor equipment of this case, and the above argument of the defendant is difficult to believe, the defendant is stated in the judgment of the court below.

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