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(영문) 창원지방법원 2018.10.25 2018노2025
특수절도
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) Defendant B (the point of violation of the Road Traffic Act (non-licenseed driving)) was the Defendant B, around December 6, 2017, when Defendant A’s house located in Kimhae-si, Kimhae-si, and around the J G located in Kimhae-si, Kimhae-si, to the road located in the Jin-si, Kimhae-si, the vehicle was moved along with a gallon that Defendant A drives, and it was not directly driven.

Nevertheless, the court below found Defendant B guilty on the ground that Defendant B had driven the above gallon road.

2) The prosecutor (each special larceny against Defendant A’s victim E, F, and G) Defendant A from around December 22:53, 2017 to the same month.

2. In relation to the crime between bordering 00:48, it is recognized that Defendant A visited nearby the construction site of Kimhae-si (hereinafter “the construction site of this case”), and in consideration of the fact that Defendant A’s vehicle was clearly confirmed from the AI CCTV near the construction site of this case, and that the method of committing this part is similar to that of Defendant A’s identical power, Defendant A’s intrusion upon the construction site of this case, thereby breaking the crime prevention window of container as an insular tool, breaking the crime prevention window of container into the construction site of this case, and intrude into it, thereby thefting the victim E, F, and G property.

Nevertheless, the lower court erred by misapprehending the facts, which acquitted Defendant A of each special larceny against Defendant A’s victim E, F, and G.

B. Improper sentencing (the Defendants and the Prosecutor) sentenced by the lower court to the Defendants (two years of imprisonment, and one year of imprisonment) are too heavy or unreasonable.

2. Determination

A. Examining the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court in light of the circumstances revealed by the lower court regarding Defendant B’s assertion of misunderstanding of facts, Defendant B, as indicated in the lower judgment, did not obtain a driver’s license from 22:12 on December 6, 2017, to gallony owned by Defendant A, without obtaining a driver’s license from Dawon-dong, Kimhae-si, Kimhae-si, and Kimhae-si, as indicated in the lower judgment.

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