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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2012.11.08 2012노4108
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. First of the decision of the court below on mistake of facts

(a)bed;

(h)shall:

I. As to each of the crimes listed in paragraph (4), the Defendant was holding the victim’s identification cards, G, J, M, X, and AA. However, each of the above identification cards, etc. was a prudent while the Defendant was living in Nowon-gu, not a theft as described in the facts charged in this part.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous, which affected the conclusion of the judgment.

B. In light of the fact that the Defendant committed the remaining crimes of unreasonable sentencing both at the discretion of both the Defendant and the mistake is divided, and that the health of the Defendant is not good due to urology and urology, etc., which led to the commission of the crime to raise living expenses during the old-age life, and that the Defendant would not engage in larceny again, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. 1-A of the judgment of the court below

(b) d.

(1) On May 208, 2008, the Defendant reported from 18:00 on May 200 to 08:0 on the following day to be opened from the street near the wife population C, and entered the vehicle to have a 200,000 won of the victim D's market price located therein, and stolen the Defendant with one string box and one student card equivalent to the 200,000 won of the victim D's market price. 2) around June 201, at 08:0 to 12:00, the Defendant did not open the x 150,000 won of the new 50,000 won of the market price, and 1.50,000 won of the new 20,000 won of the market price of the women's 17,000 won of the new 20,000 won of the market price of the G driver's license owned by the victim.

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