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(영문) 전주지방법원 2019.01.23 2018노1122
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles as to larceny were purchased from the OM on December 26, 2007 from the Defendant, which was planted on the ground of the Military Pream (hereinafter “P”) located in the Jeonbuk-gun located in the clan (hereinafter “P”), among which, 40 U.S. clans were the Defendant who was a head of a clan, was the head of a clan, and around 2012, the Defendant transferred 30 U.S. pine trees, the size of which is smaller than 40 U.S. pine trees (hereinafter “instant land”).

Although the defendant transferred two gys of pine trees (hereinafter “the instant pine trees”) from the land of this case to the defendant’s house, the judgment of the court below convicting the defendant of larceny among the facts charged of this case on the ground of the defendant’s testimony and statement without credibility, even though G was only owned by the defendant and not owned by the victim D, and there was no intention or intention to commit a theft of the instant pine trees owned by the defendant. However, the judgment of the court below which convicted the defendant of larceny among the facts charged of this case on the ground of the defendant’s testimony and statement without credibility.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of probation, one hundred and twenty hours of community service order, and 500,000 won of fine) is too unreasonable.

2. Determination

A. In light of the following circumstances, comprehensively considering the evidence duly adopted and examined by the court below and the court below, it is sufficiently recognizable that the defendant stolen the instant pine trees owned by the victim, and that the defendant had the intent to commit the theft. Thus, the defendant's assertion of mistake of facts and misapprehension of legal principles is without merit.

1. From the investigation stage to the court of the court below, the victim is growing pine trees owned G on the land of this case and the P ground, and the victim is around February 2015.

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