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(영문) 부산지방법원 2013.09.27 2013노1424
사기등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor's statement, the court below acquitted Defendant B of the facts that Defendant B conspired with Defendant B, although it could sufficiently be recognized that Defendant B had committed a theft of an outboard engine, in light of the fact that Defendant B was aware of the theft of an outboard engine when A was carrying the outboard engine on the vehicle, and that Defendant B was accompanied when A sold the said outboard engine on the water. However, the court below acquitted Defendant B of the fact that Defendant B had committed a theft of an outboard engine. The court below erred by misapprehending the facts and adversely affected the conclusion of the judgment.

B. The sentence of imprisonment (two years of imprisonment) by the lower court against the Defendant is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. At around 00:05 on August 16, 2012, Defendant B and A used the gap in which the victim’s management was neglected at night in the AB end of the operation of the victim AB located in Gangseo-gu Busan Metropolitan City, and Defendant B reported the network within the Ecuas car between boarding and leaving, and Defendant B used the gap in which the victim’s management was neglected at night, and Defendant B loaded 1 engines with the victim’s market price of 9.9ma-ray engine in the Ecuas car in the amount of KRW 1,500,000, the market price of KRW 2,000,000 on the 18-ray overseas engine, the market price of which is KRW 2,80,000.

As a result, Defendant B stolen the victim’s property in collusion with Defendant B.

B. The lower court found Defendant B not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to deem that Defendant B conspiredd with A or shared the commission of larceny.

C. The evidence of criminal facts in the first criminal procedure for the judgment of the trial court is presented by the prosecutor, and even if the prosecution of the defendant is unreasonable and the defendant is the same as the case is false, it cannot be disadvantageous to the defendant, and the proof of criminal facts does not have reasonable doubt by the judge.

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