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(영문) 의정부지방법원 2021.01.14 2020노1216
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although inquiring about misunderstanding of facts or misapprehension of legal principles, there was a little number of times using electricity due to lack of method, but theft is not limited to theft.

(b) The sentencing division (the court below's judgment: fine of 300,000 won, one year of suspended execution);

2. Determination

A. We examine the judgment of misunderstanding of facts or misapprehension of legal principles. The defendant, without permission, has used the electric saw code at the agricultural electrical electrical outlet managed by the injured party, with the electric saw code displayed, and the circumstance that the defendant was unable to use or have no choice but to do so is not justified, and the judgment of the court below which found the defendant guilty of all the facts charged is correct, and there is no error of misunderstanding of facts or of misunderstanding of legal principles.

Therefore, this part of the defendant's assertion is rejected.

B. In light of the following, the court below’s sentencing conditions under Article 51 of the Criminal Act are acceptable in full view of the following factors: (a) the determination of the unfair argument of sentencing is relatively minor and the defendant has no criminal history; (b) the court below’s sentencing conditions are equally considered; and (c) the defendant’s assertion is unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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