(영문) 전주지방법원 2013.10.11 2013노683 | 리걸엔진

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(영문) 전주지방법원 2013.10.11 2013노683

절도

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1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 1,500,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. Of the facts charged in the instant case, the lower court found the Defendant not guilty on the grounds of the judgment regarding the theft of three engines for agricultural machinery managers and two pumps, and found the Defendant guilty on the remaining parts in relation to the crime, and sentenced the Defendant to eight months of imprisonment with prison labor. While the Defendant appealed on the guilty part and brought the verdict of acquittal in the trial together with the convicted part, the part of the judgment of the lower court that found the Defendant guilty was exempted from the list of air defense between the parties because the prosecutor did not appeal as to the acquittal part of the reasons in the judgment of the lower court as well as the prosecutor did not appeal and did not challenge it, and thus, the judgment of the lower court is not

2. Although the gist of the grounds for appeal did not theft the pipes and steel plates owned by the victim, the lower court accepted the facts charged in this case and convicted the Defendant. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

3. Prior to the judgment on the grounds for appeal, the prosecutor ex officio examined the part of the charge against the defendant, " at the trial, 15 pipe 15 meters (2.5 meters in length and 50 meters in diameter) equivalent to the market value of 100,000 won (1m x 2.5m x 5m)" portion of the charge against the defendant. The portion of "three iron plates (1m x 2.5m x 5m in diameter) equivalent to the market value of 1.5m x 50m" was changed to 7 pipes (1.5m in length, 50m in diameter), one iron plates on market value (1.5m x 1m x 2m in total)", and the part of the charge against the defendant was changed to this subject, the judgment of the court below was no longer maintained.

4. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is among the judgment below.

참조조문

-형사소송법 제364조 제2항

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