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(영문) 창원지방법원 2013.08.29 2012노2320
특수절도
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. The Defendants established H (hereinafter “H”) as F, K, J, P, I, and the same industry.

Defendants are called H’s h Pipe cutting machines of 3 h (hereinafter referred to as “three gramms”) and “h irrecilator”.

After the temporary use of “A”, the Defendants were removed from the Defendant’s control tower at the 3rd session. After that, the Defendants attempted to return the instant control tower, but the H’s text was closed, and the Defendants failed to return it due to the refusal to receive the F and Staff I, a H representative director. On November 2, 2011, the Plaintiff was the lessee of H’s factory in the same site as H and Q representative director, and the Plaintiff, Q&O, a corporation, were left to return the instant control tower at the time of attendance of H employees.

In light of the above circumstances, even if the Defendants were to be found to have had no intention to commit larceny or to obtain illegal gains from the operator of the instant chain, the lower court convicted the Defendants of the charges of this case, and thus, the lower court erred by misapprehending the legal doctrine on the mistake of facts or the intent to obtain illegal gains, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the Defendants is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case was: (a) the Defendants were engaged in technical service in G in G in Gyeong-nam Kim-si, G operated by the victim F before being employed as an employee in E located in Gyeong-gun, Chungcheongnam-si; and (b) the Defendants were employed in technical service.

The Defendants conspired to steals the pipe control tower, which is the core part of the pipe cutting machines (No. 3) from the main part of the pipe cutting machines (No. 1) in the above E plant, from the main part of the pipe cutting machines (No. 1).

Defendants are the technical business vice head of the above company at the above-H factory around October 25, 201 at around 23:00.

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