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(영문) 서울남부지방법원 2021.01.12 2020노1820
절도등
Text

The judgment of the court below is reversed.

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

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Summary of Reasons for appeal

A. When the Defendant brought the key to the Do by mistake of facts and misapprehension of the legal doctrine) Section 1, the Defendant did not transfer possession of CBD (hereinafter “the Dog”) and the Dog’s door to the victim by failing to complete the director’s establishment of the director. Therefore, the said key does not constitute the property possessed by the victim B, but is also a household.

The defendant is also under his possession the key.

Since it was believed that the defendant had no intention to larceny.

2) Since the Defendant was a lawful possessor of the instant loan, the Defendant entered the said loan without the victim’s permission.

Even though it does not constitute an act of intrusion on a structure, there was no intention of intrusion on a structure.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In relation to the assertion of misunderstanding of facts and legal principles, the lower court: (a) removed the Defendant from the instant Ba while leaving the key around 15:00 on September 30, 2019; (b) subsequently, the victim was inspecting the status of the Bara, despite the victim’s explicit objection, and (c) had the aforementioned Bara’s key to the Bara, despite the victim’s explicit objection, and (d) prevented the victim, who was unable to set up the entrance, from opening a TV door. However, on October 30, 2019, the Defendant: (a) opened TV for the first time and brought about the receipt of the toilet in the instant Ba; (b) paid KRW 8075 million, out of the lease deposit of the instant Ba, KRW 85 million,000,000,000 to the LH Corporation; and (c) paid the victim’s remaining KRW 300,000,00,000 from September 30, 20197.

However, it is recognized by the evidence duly adopted and examined by the court below in the above reasoning.

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