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(영문) 광주지방법원 2014.11.13 2014노682
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s shipment of the iron bars was consistent with Gwangju-gu D Building (hereinafter “instant building”), and is owned by C Co., Ltd. (hereinafter “C”), the owner of the instant building. Since the Defendant is the representative director of C, the Defendant’s removal of the said steel bars does not constitute theft of another’s property.

B. The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio. The original facts charged of this case were taken out by the defendant, which was in custody of the victim's possession in the construction site, and then disposed of and stolen the victim's property. The prosecutor applied for amendments to the indictment to the effect that the defendant taken out the fire of the victim's possession, which was transferred within the construction site, and disposed of it, and then stolen the victim's property. Since this court changed the object of the judgment by permission, the judgment below cannot be maintained any further.

3. Determination as to the ownership of the reinforcing that the defendant removed, but the defendant's assertion as to the ownership of the reinforcing that the defendant removed is still subject to the judgment of the court of this Court, despite the above ex officio grounds for reversal.

A. The Defendant’s defense counsel on the ownership in the vicinity of a steel that is not neighboring to the ship is set up by I, who is the representative director of F Co., Ltd. (hereinafter “victim”), on the construction site of the building of this case (hereinafter “the construction site of this case”), a 180 tons or almost all of the 180 tons “in the construction site of this case,” in which the steel bars are arranged according to the design before the building of the reinforced concrete.

It is reasonable to say that it is reasonable to say that it is reasonable to say that it is reasonable to say that it is reasonable.

'The High Statement (Evidence No. 125 pages) was made, and the iron bars specified in the facts charged of this case.

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