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(영문) 대전지방법원 2011.09.02 2011노666
특수절도방조 등
Text

The part concerning Defendant U, V, W, X, Y, Z, AA, AB, AC, AD, AE, AF, and AG in the judgment of the first instance and the judgment of the second instance.

Reasons

1. Summary of grounds for appeal;

A. In full view of the prosecutor's grounds of appeal (1) the prosecutor's statement of the defendant A, B, C, D, D, U, V, W, X, Y, Z, AAB, AC, AD, AE, AE, AF, and AG's statements in the investigative agency of the defendant A, B, C, D, V, X, Z, Z, AB, AB, AD, AE, AE, AF, and AG, the court below found the above defendants not guilty on the ground that there is insufficient evidence to acknowledge the facts charged against the defendant A, B, C, D, U, V, X, X, W, Y, Y, AB, AB, AD, AE, AE, AF, AF, and AG, and there was an error in the misapprehension of facts which affected the conclusion of the judgment.

(2) In light of all the circumstances, Defendant J’s assertion of unfair sentencing (as to Defendant J and T, Defendant J is extremely heavy in size and did not recover damage due to the principal offender of the instant crime that deducteds scrap metal from H as a scrap metal, and Defendant T did not recover from damage even though the volume of purchase exceeds 500 tons and the amount of damage exceeds 265 million won, etc., Defendant J and T did not recover from damage, and the lower court’s sentence against Defendant J and T (one year of imprisonment, one year of imprisonment, one year of suspended execution, and two years of suspended execution) is too unreasonable.

B. Although it was true that Defendant J stolen the scrap metal by Defendant J’s ground of appeal for mistake of facts, Defendant J found Defendant J guilty of all the charges against the above Defendant, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment by misapprehending the facts.

(2) Defendant J made a deposit for payment of KRW 34 million, and related cases were sentenced to imprisonment for 8 months with prison labor in Seosan Branch of the Daejeon District Court and completed the execution of the sentence, and their errors are depthed.

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