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(영문) 춘천지방법원 2021.03.26 2020노952
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized electric wires 10.06km (Evidence No. 1) and electric wires.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (one year of imprisonment, confiscation) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The lower court found the Defendant guilty of the charges of larceny on the ground that it did not err in the charges of larceny on the following grounds: (a) from January 2018 to February 2, 2018, the Defendant cut the electric cable, which was prepared in advance, up to 3rds up to 743,534 won at the market price owned by the Victim Korea Electric Power Corporation, located between the telegraph poles and the telegraph poles, and cut off the low voltage cable of 102 meters at the low voltage cable of 743,534 won at the market price owned by the Victim Korea Electric Power Corporation; and (b) from March 202, it was difficult to find the Defendant guilty of the charges of larceny on the ground that the Defendant did not habitually stolen the part of the charges of larceny on the ground that: (c) the Defendant did not err in the charges of larceny on the ground that: (d) the market price of the victim owned by the same method more than 16 times in total,805,702 won; and (d) the part of the charges of larceny on the part of this case.

In doing so, habitual nature, which is the origin of criminal habits, falls under part of the elements of habitual larceny, and in a case where a criminal prosecution is instituted due to habitual larceny, part of the elements of the crime charged by a prosecutor are not recognized. Thus, if the above judgment is made, the court shall render a judgment of innocence based on the reasoning of the judgment.

Nevertheless, the lower court omitted the judgment of not guilty on the habitual part of the indicted content.

As such, the judgment of the court below is erroneous in the misapprehension of legal principles as to the determination of innocence, and the judgment of the court below cannot be maintained.

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