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(영문) 대전지방법원 2016.04.21 2015노3793
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, who is a victim of each of the larcenys of this case, was aware of the fact that the main use of each of the larcenys of this case, and the construction materials, etc. are located outside a restaurant and a construction site, and thus, they did not have any intention to larceny.

B. The lower court’s sentence (an amount of KRW 12 million) against an unfair defendant in sentencing is too unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment and the court’s judgment as to the assertion of fact were duly adopted and investigated by the court below, namely, ① the instant kitchen supplies, etc. owned by the victim E were placed in a restaurant room immediately, and the said goods were not externally damaged or impossible to be used. At the time, the instant kitchen supplies, etc. were arranged, and there were other things in addition to the said goods. There were no other things in the surrounding areas. (2) The instant construction materials newly constructed at the victim H’s construction site were not mistaken for the victims’ size or appearance, number, and quantity; ② the Defendant, at the time of the instant construction site, did not arbitrarily disposed of the said materials from 13 to 18 on the construction site to 15 on the construction site; and the Defendant, at the time of the instant construction site, left 15 on the construction site to 3 on the construction site or on the construction site, and 5 on the construction site to 15 on the construction site to see that there were no other things.

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