logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.08.21 2015노725
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized BLACKDECKER, knife No. 1 (No. 1).

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (not guilty part) committed a theft of the instant swine 49 horses in collaboration with an unfit accomplice, and the judgment of the court below which acquitted the Defendant of the said facts charged is erroneous in misunderstanding of facts. 2) The sentencing of the court below on the grounds of unreasonable sentencing is too unfeas

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

A. The summary of this part of the facts charged reveals that the Defendant was in bad credit standing due to the overdue charge of KRW 5 million and credit card payments, etc., 5 million from the Savings Bank around March 4, 2014. On July 2014, the Defendant borrowed KRW 13 million from the J, which was the operator of the D farm, and paid KRW 5 million from the victim E, who was the operator of the D farm, paid the remainder of KRW 8 million, but J urged the Defendant to pay the Defendant a full payment before he left the D farm and received considerable stress, with the intent of raising the money to deduct part of the pigs raised from the D farm.

After that, the Defendant laid CCTV of the D farm in advance with his name-free accomplices laid pigs at the time, brought pigs, laid pigs, laid pigs, laid pigs, and recruited to take them, and then laid CCTV of the said farm during the period from August 23, 2014 to 21:36 of the same day from August 23, 2014, the Defendant laid the CCTV of the said farm so that the Defendant does not take the image of taking the pigs out of the D farm, and brought the unwritten accomplice’s name-free accomplice and brought the truck to take the pigs in total amount of KRW 7,350,000 to the market price owned by the victim at the said farm. Accordingly, the Defendant moved the pigs ( approximately 40 gg) 49 g) at the victim’s own price in the said farm and carried the pigs onto the said truck.

Accordingly, the defendant stolen the victim's property together with an uninfinite accomplice.

B. The Defendant, as a result of changing statements from the investigative agency to the court of the court below from time to time, appears to have a contradictory defense or an uncomfortable attitude, and the Defendant cannot be seen if it is not a true criminal.

arrow