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(영문) 대전지방법원 2013.10.17 2013노1878
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The seized 1 point (No. 4) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. In relation to paragraph 1-B of the crime at the time of original adjudication, there is no fact that the Defendant shouldered the glass windows of each ticket and stolen the Chewing waste within that scope at the time of original adjudication, 1-D of the crime at the time of original adjudication.

In relation to the claim, it is difficult to regard the defendant's bringing the bicycle as larceny because it is based on the intention to return the bicycle after using it.

3. Regarding the 2. Criminal facts in the original trial, the contents of the allocation of specific acts between the defendant and his accomplice are erroneous.

B. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental health disorder.

C. The sentence of one-year imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. 1) According to the evidence duly adopted and examined by the court below as to the facts constituting the crime 1.B. at the time of original adjudication, the defendant, upon receiving the police investigation, made a concrete statement on this part of the crime to the effect that "The defendant, after being examined by the court below, left the glass in front of the H hospital, opened the window by putting him in front of the next glass, opened the string, cut off in hand, and then left the H hospital, and then, he did not have any key to the H hospital after breaking up the cresh of the entrance door of the H hospital, and then destroyed the key to the H hospital, and did not find the object of theft, but did not reverse the judgment below which found the defendant guilty of the facts constituting the crime as alleged in the facts charged by the victim (Article 1501-151 of the evidence record), since the defendant did not have any error of law by misunderstanding the original evidence and misunderstanding the facts charged at the time of the judgment below's 15.7th of the victim's statement (the evidence record).

(b).

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