logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.02.04 2020노3413
야간건조물침입절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the facts charged by mistake of facts and misapprehension of legal principles, in the case of the re-crimes in the attached Table 16 to 15 table of crime, and the re-crimes in the attached Table 4 table of crime, the Defendant used the Z card in the name of the victim with the consent of the victim.

Nevertheless, the lower court found all of the charges guilty on a different premise. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) Of the facts charged, the Defendant received cash services without the consent of the victim in the case of a crime re-crime 1 to 5 attached Table 1 of the sight of crime as indicated in the judgment of the court below among the facts charged.

Nevertheless, the lower court rendered a not-guilty verdict on this part of the facts charged on different premise. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (three years of imprisonment) is too uneasible and unfair.

2. Determination

A. We examined the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine. 1) The Defendant asserted that this part of the appeal was identical to the grounds for appeal, and the lower court rejected the Defendant’s assertion in detail under the title “judgment on the Defendant’s argument”.

In a close examination of this part of the judgment of the court below by comparing it with the records, the judgment of the court below is just and acceptable, and the data submitted by the counsel does not affect the judgment of the court below, so there is no error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below as to this part.

2) Therefore, the misapprehension of the legal principles and mistake of facts is without merit.

B. Determination 1 on the Prosecutor’s assertion of mistake of facts) The summary of this part of the facts charged is the name and non-name of the Defendant in the Rool-dong on November 2, 2018.

arrow