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(영문) 부산지방법원 2015.10.23 2015노1265
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged of this case, which erred in the misapprehension of the legal principles, even though the Defendant merely took a disposition to bring the scrap and ult with the consent of the victims.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (three million won by fine) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following facts are acknowledged according to the evidence duly adopted and investigated by the court below.

(1) A victim D is a waste disposal business entity, and such business entity has been entrusted with the sale of scrap metal from the site of removal.

② F, who is the husband of the victim D and the Dong and the actual operator of the above waste disposal business, stated that the Defendant had no permission from each investigation agency to the court below.

③ G, who is an employee of the victim chip construction company, was present as a witness in the lower court’s trial and stated that the Defendant did not permit the disposition.

In full view of the above facts, the judgment of the court below which found the defendant guilty of the facts charged in this case is sufficiently acceptable, and the defendant's assertion of misunderstanding of facts against this is without merit.

B. In full view of the following: (a) examining the assertion on unfair sentencing, the Defendant’s assertion on unfair sentencing, the fact that the Defendant does not seem to be entirely against the Defendant’s criminal act; (b) the amount of damage was not significant; (c) the Defendant did not make any effort to recover damage; and (d) the Defendant could have been punished for the same kind of crime; and (e) the Defendant’s age, occupation, family relationship, and all other matters on the sentencing specified in the records and arguments of this case, the lower court’s judgment’

3. Conclusion, the defendant.

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