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(영문) 창원지방법원 2018.12.12 2018노2305
절도
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not bring about the damaged goods of this case.

Even if taken,

Even if the defendant did not have any intention of larceny or intention of illegal acquisition.

B. Sentencing (the sentence of the lower court: a fine of 1.5 million won)

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant may fully recognize the fact that the defendant brought the damaged goods of this case (the defendant also recognized the fact that the damaged goods of this case were brought about in the court below). Furthermore, in full view of the value and shape of the damaged goods of this case, the location of the damaged goods of this case, the circumstance and the situation of the defendant brought about them, the defendant may also be found to have intentionally stolen the damaged goods of this case with an intention to acquire unlawful profits.

The above assertion by the defendant is without merit.

B. As to the wrongful assertion of sentencing, the appellate court is reasonable to respect the judgment of sentencing of sentencing of the first instance in a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion.

2) It is recognized that the Defendant’s old age and health is not good, the amount of damage is small, and the amount of damage has been returned to the victim.

However, in light of the content, result, etc. of the crime of this case, the liability for the crime of this case is minor.

In full view of the sentencing conditions, such as the character, environment, circumstances leading to the crime, means and consequence of the crime, etc., the sentence of the court below is too unreasonable, in light of the following: (a) the defendant cannot be seen as having a significant history of punishment; (b) the defendant did not appear to have committed the crime in this case; and (c) the defendant did not agree with the victim; and (d) the defendant did not agree with the victim.

This part of the defendant's assertion is without merit.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless, and the costs of the trial are borne by the Defendant.

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