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(영문) 의정부지방법원 2015.12.11 2015노15
특수절도교사등
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that misunderstanding of facts (as to the part of innocence in the original trial) and D and E made a statement to the effect that the Defendant did not instigate the thief in the original trial, the statement made by the investigative agency is more reliable than the statement made by D and E in the original trial, that the statement made by F and M correspond to the facts in the facts in the prosecution, and that there is a telephone call between F and F at the time of the thief crime, the Defendant and F and M can be recognized the fact that the Defendant instigated thief (hereinafter “D, etc.”) as recorded in the facts in the facts in the indictment, but the lower court erred by misapprehending the facts that affected the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (three million won of a fine) imposed on the Defendant is unreasonable as it is excessively uneasible.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged (1) of this part of the charges: (a) the Defendant: (a) listened to the fact that D, who became aware of a vehicle through the middle school friend on July 2013, 2013, had DNA stolen the vehicle and stolen the vehicle to D; and (b) was aware of it at ordinary times; and (c) the Defendant said D, “I will sell the vehicle to a person who knows the vehicle by selling it to him.”

On July 18, 2013, the Defendant: (a) told D to the Kakakakao Stockholm voice call, “I have no way to see; (b) theft of today’s vehicle; and (c) reported it to the intermediate Nara; and (d) had the said D attempt to steal a vehicle; (b) around that time, the Defendant had the E and F receive a theft by delivering the Defendant’s proposal in sequence to E and F.

The Defendant, at around 03:00 on July 19, 2013, had D, E, and F stolen the keys of other vehicles within the vehicle where the tea is not locked, and thus, tried to cut off the third underground parking lot of 123-dong apartment spaces in Seocho-gu Seoul Metropolitan Government distribution Dong.

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