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(영문) 서울중앙지방법원 2014.05.22 2014노974
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Summary as indicated in the attached list of crimes in the judgment of the court below (hereinafter “the first week of this case”).

) Since the Defendant was owned by the Defendant, theft does not take place (the grounds of appeal asserted by the Defendant) even though the Defendant brought about it (the grounds of appeal asserted by the Defendant). 2) Since the owner of the drug of this case is E who is the spouse of the Defendant, punishment should be exempted pursuant to Article 328(1) of the Criminal Act concerning relative funeral, and even if it was transferred to the ownership of

Even if the scope is only 40 diseases, the upper part of the facts charged cannot be classified and specified, so the entire facts charged must be pronounced not guilty because there is no proof of crime.

(b) Grounds for appeal asserted by a counsel;

The sentencing of the lower court on unreasonable sentencing (two years of suspended execution in August, and eight hours of community service) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined at the court below's determination of misunderstanding of facts and misapprehension of the legal principles, in particular, witness D, E, and F's statements, it is acknowledged that the title of this case was transferred to the victim by E by transferring the ownership of this case to the victim D as payment in kind. The defendant's defense counsel at the prosecutor's office that stated that "the victim D has no reason to give the first week to the suspect. Furthermore, the 46 soldier of the first week was paid to the defendant for the payment of money to the defendant, and why he will include this first week, it is merely 40 disease if the ownership was transferred to the victim D based on the facts stated in the investigation record, and since it cannot be separately identified as the facts charged, there is no proof of crime as to the whole of the facts charged.

However, on this issue.

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