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(영문) 의정부지방법원 2017.08.22 2017노527
특수절도
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding or legal principles 1) In light of the details of passbook transactions, telephone call details, Defendant A, and B’s actual confirmation of the release of the phone, etc. submitted by the Prosecutor, the fact that the Defendants committed a theft by combining the victim’s IDs owned by the victim’s design, as indicated in the facts charged, is recognized.

2) In light of the fact that Defendant A and B served as a repair engineer at the same repair center, and the circumstances revealed that the aforementioned Defendants conspired to commit a crime, among the facts charged in the instant case, Defendant A and B’s special larceny can be recognized as sharing the burden of conspiracy and implementation.

3) Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the part of Defendant A and B, and Defendant C.

B. The sentence sentenced by the lower court to Defendant A and B (one year of imprisonment and two years of suspended sentence) is too unfluent and unfair.

2. Summary of the facts charged

A. From September 9, 2013 to October 20, 2015, the Defendants’ special larceny Defendant A worked as a sponsor at the F Center of the Dong-dong Electronic Service Co., Ltd. (hereinafter referred to as “Dong-dong Electronic”), which is operating the Phphone Official Repair Center from September 2013 to October 20, 2015, and Defendant B served as a sponsor at the above F Center from May 19, 2014 to October 20, 2015. Defendant C is a mobile phone dealer.

The Defendants, in the case of Aphones, do not repair the Aphones or replace its parts in the event of a malfunction, but, instead, recover the Aphones from the Aphones and instead, provide the customer with the opphones (products made of a part of renewable parts and new parts). The Defendants, in the course of operating the opphones system, neglect in the examination of the opphones recovered.

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