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(영문) 수원지방법원 2016.08.12 2016노813
특수절도
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendants jointly committed with the Defendants, and at the time of the entry in the facts charged, found that the Defendants committed a theft by carrying 263 bet 263 splates, which are railroad facilities owned by the injured Korean Railroad Corporation, on a splate truck, which are railroad facilities owned by the injured Korean Railroad; (b) however, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. The prosecutor of the judgment ex officio requested the permission of the modification of a bill of indictment, including the name of the offense, the applicable law, and the addition of the facts charged, while maintaining the previous facts charged around the trial. Since this court permitted the permission, the judgment of the court below cannot be maintained.

Preliminary Crime: legal provisions applicable to special larceny: Article 331(2) and (1) of the Criminal Act; Preliminary Facts charged: Defendant A is a person working in G from the Korean Railroad F, and Defendant B is a person who was aware of the reputation with Defendant A.

Between 00:18 to 00:45 on January 22, 2014, the Defendants jointly entered the H Poking-type truck, and found it into the “h luking-type 31, an open door, which is the site of the railroad facilities and equipment located under the long-term 31st of the king-type 31st, and did not commit an attempted act, as it was discovered to I, while displaying a stolen object, such as a besplate, which is a railroad facility owned by the Korean Railroad Corporation, under the custody of the victim.

3. As to the assertion of mistake of facts, the prosecutor's assertion of mistake of facts about the facts charged changed to the primary facts charged is still subject to the judgment of this court, according to the permission of modification of indictment under paragraph (2) above.

The lower court shall not be a bend plate, any of the following circumstances, i.e., ① any article loaded in loading a wooden truck I.

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