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Defendant
A The part of the judgment of the court below against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not more than 11 months.
(e).
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A (1) Of the facts charged in the instant case, Defendant A did not without permission bring the victim J-J’s thys transportation card in relation to the larceny (the principal charge) and obstruction of another’s exercise of rights (the preliminary charge).
Defendant
A purchased transportation cards and lent them to the victimJ, and Defendant A's property was owned by Defendant A and borrowed them again after being charged with harming the charging of charges, such as usuals, but the victim J under the influence of alcohol is able to duplicate it as theft damage.
(2) The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Defendant B’s imprisonment (4 months of imprisonment with prison labor for four months) is too unreasonable.
2. Determination
A. Determination of Defendant A’s assertion of misunderstanding of facts or misapprehension of legal principles: The point of larceny and the summary of the charge of obstruction of exercise of rights (A) [main charge] Defendant A charged KRW 3,000 won with the Tyman card purchased by the victim J around February 2014.
Defendant
A around 17:00 on September 24, 2014, around the “I pharmacy” located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, stolen the property owned by the Defendant and the victim by inserting kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'ss kn's kn's kn'
[Preliminary Facts charged] Defendant A charged KRW 3,000 won with the Twit Card purchased by the Victim J around February 2014, at the French site on September 24, 2014.
At around 17:00 on the same day, the Defendant, in the vicinity of the “I pharmacy” located in Seongbuk-gu Seoul Metropolitan Government H, left the victim’s J by inserting hand on the part of the victim himself/herself, and obstructed the rights of the victim by taking away a bit of the charge amount card in his/her inner part, and thereby interfering with the rights of the victim by taking things owned by the Defendant, which were the object of possession of the victim.
(B) We examine the primary facts charged and the ancillary facts charged together.