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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Regarding the part found guilty in the lower court's erroneous determination of facts (the act described in No. 6 of the annexed Table of Crimes against Defendant A), Defendant A collected waste and residues in I around 17:00 on December 13, 2017 and went to an waste oil storage tank, but he/she did not take part of the oil collected with the consent of military practitioners in the above tank since there is no place to keep waste and residues in the above tank. However, the lower court deemed Defendant A to have stolen it without permission, and sentenced Defendant A guilty on this part. In so doing, the lower court erred by misunderstanding of facts. 2) The imprisonment (the imprisonment of August and the suspended execution of two years) sentenced by the lower court against Defendant A is too unreasonable.
B. Comprehensively taking account of the evidence submitted by the prosecutor, the court below found the Defendants not guilty of each of the crimes listed in the annexed list Nos. 1 through 5 as stated in the annexed list of crimes and the annexed list Nos. 6 as to Defendant B, although it can be sufficiently recognized that the Defendants stolen the waste and residues in the O, as shown in the facts charged in the instant case.
2. Determination
A. Defendant A’s assertion of misunderstanding of facts (as to the part found guilty in the original trial), the summary of this part of the facts charged is that Defendant A, as the head of the LAC, a ship hold a shop cleaning company, the head of the LAC, the head of the LAC, the head of the LAC, performed the work of cleaning FF’s oil tank, etc. after receiving a successful bid for the “E” ordered by the LAC to perform the work of cleaning the FF oil tank, etc.
Accordingly, the Defendant, at around 17:00 on December 13, 2017, was carrying the oil tank cleaning work at H located in G and carrying the waste oil 16,00 liters, which was loaded in the oil tank, into the K her drive by J. 16,00 liters.