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(영문) 춘천지방법원 강릉지원 2015.03.26 2015노12
절도등
Text

The judgment below

The part of the judgment of the court as to the crime Nos. 1 through 7 shall be reversed.

As to the crime of 1 to 7 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (person who is a factual error, an unreasonable sentencing decision) 1-A of the decision of the court below.

As to crimes, the defendant is the first-A of the judgment of the court below.

The tree planting crop as stated in paragraph (1) (hereinafter “the tree plantation in this case”) is the property owned by the defendant who was punished by the deceased defendant, and thus, it is considered that the defendant has the authority to take such property. Thus, at the time, the defendant did not intend to obtain illegal permission for the tree plantation in this case.

B. First-Name of the judgment of the court below

(b) d.

E. As to the crime, the defendant is not a proper investigation into the larceny case reported by the police, and the defendant is not a witness of the judgment of the court below as to the crime.

(b)beo;

F. Since each of the crimes described above was committed, the defendant did not have an intent to obtain unlawful acquisition at the time of each of the above crimes.

C) As to each of the crimes listed in Articles 3 and 4 of the holding of the court below, the defendant is entitled to the tree plantation as stated in the 3 and 4 of the holding of the court below (hereinafter “the 2 tree plantation”).

(D) As the Defendant did not have any intention to obtain unlawful acquisition of the tree plantations No. 2 of this case, the Defendant did not comply with the removal against the will of the victim AB.

E) The crime of Article 8 of the judgment of the court below is a crime of self-defense or legitimate act as stated in Paragraph 8 of the judgment of the court below, since the victim first assaulted the defendant by assaulting the defendant, etc., and the crime is a legitimate act. The above crime is committed in the state of mental disorder or mental disorder due to mental disease. F) The crime of Articles 9 and 10 of the judgment of the court below constitutes self-defense or legitimate act as it is against the unfair treatment of the victims

In addition, each of the above crimes is the mental disease of the defendant.

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