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(영문) 대전지방법원 2016.11.17 2016노156
상습야간건조물침입절도등
Text

All appeals by the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (as to the second judgment of the court below), although the defendant borrowed money from the victim, he had the intent to repay and the ability to repay at the time of borrowing, there is no intention to defraud the defendant.

B. The sentence of unfair sentencing (Article 1: imprisonment with prison labor for 1 year and 4 months, confiscation, and 2: imprisonment with prison labor for 4 months) of each original judgment is too unreasonable.

2. The second instance court rejected the Defendant’s assertion of mistake of facts and misapprehension of legal principles in detail, on the ground that the Defendant alleged the same assertion in the second instance court, and the second instance court stated in the judgment that “the judgment on the Defendant and his defense counsel’s assertion” was stated in detail.

In a close examination by comparing the above judgment of the court below with the records, the judgment of the court below No. 2 is justified, and there is no error of misconception of facts or misapprehension of legal principles as pointed out by the defendant.

Therefore, the defendant's above assertion is without merit.

3. The judgment of the court below on the defendant's assertion of unfair sentencing is determined by taking full account of the circumstances about the defendant's sentencing as stated in detail on the grounds of the sentencing, and it seems that it is within a reasonable scope, and there is no circumstance to be newly considered in the trial. Thus, since the crime of fraud by the court below is committed before the judgment of special larceny, etc. becomes final and conclusive, the crime of fraud by the court below is committed before the judgment of the court below is deemed unfair, and therefore, the latter part of Article 37 of the Criminal Act is related to the crime of special larceny, etc. for which the judgment of the court below became final and conclusive, and each crime by the court below of the court below of first instance committed after the judgment of special larceny, etc.

Therefore, each judgment of the court below is made in the trial.

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