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(영문) 인천지방법원 2015.07.22 2015노1970
절도
Text

The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not steals the victim’s goods.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Ex officio determination

A. On February 22, 2014, the Defendant, around 01:20, stolen the charge amounting to KRW 400,000,000,000,000,00 for heating and cooling pipe pipes for heating and cooling pipe pipes kept by the victim B on loading cargo vehicles of the Poter C.

B. Examining the record of judgment, the Defendant was sentenced to one year and six months from July 25, 2014 to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Incheon District Court’s Busan District Court’s Busan District Court’s Branch on November 17, 2014, and the judgment became final and conclusive on November 17, 2014. The facts constituting the crime reveal that on February 19, 2014, the Defendant: (a) stolen the pipe 4 roll in custody by the victim B on loading a cargo vehicle; and (b) stolen the pipe 8 times habitually.

From among the crimes of larceny (thief) committed on February 19, 2014, which became final and conclusive by a judgment, the crime of larceny in this case is identical to the facts charged of the larceny in this case and its object and method, and in full view of the time of the crime and the criminal record of the defendant, it is also deemed that the crime of larceny in this case was also caused by the realization

Therefore, the facts charged of this case are related to the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in which the judgment became final and conclusive, and since the final and conclusive judgment against the defendant is not effective in the facts charged of this case, the

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's argument, and it is so decided as follows.

The summary of the facts charged in the instant case is set forth in Section 2-A.

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