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(영문) 인천지방법원 2015.05.08 2015노651
절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was 100,00 won and 100,000 won and 100,000,000 won and 10,000,000 won and 10,000 won and 10,000 won and 10,000 won and 200,000 won and 200,000 won and 200,000

In light of the above circumstances, theft does not constitute a crime of larceny since the defendant did not have the intention of illegal acquisition at the time of taking advantage of the television.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, since the defendant has sufficiently recognized the theft of 1 television as stated in the facts constituting the crime, the judgment of the court below is just, and this part of the defendant's assertion is not accepted (On the other hand, the defendant, after being identified as the suspect of the crime of this case, denies the crime of this case by completely denying the crime of this case, there is no resistance between the place where the crime of this case was committed, there was no stoves from the place where the crime of this case was committed, there was no stoves, and there was no stoves from the place where the crime of this case was committed, and there was no stoves from the place where the defendant got off the stoves and purchased the stoves, which are different from the grounds for appeal alleged by the defendant, and there was no statement against the defendant that he was no s to be a victim with television.)

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