(영문) 대전지방법원 2015.01.28 2014노2328 | 리걸엔진

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(영문) 대전지방법원 2015.01.28 2014노2328

절도등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant (in relation to 2014 Highest 205, mistake of facts and misunderstanding of facts) 1 or misunderstanding of facts

A. The Defendant, as stated in the facts charged, committed the crime of the 2014 Highest 205 Act, did not err in the judgment of the court below which convicted the Defendant of this part of the facts charged, even though he did not have stolen wallets by entering the “E” beauty room operated by the victim C, as stated in the facts charged.

B. The Defendant, at the time of the instant case, tried to confirm what was the matter left from the floor of “H”, which was operated by the Victim F, for the purpose of fraud, and had never been waiting due to the absence of the principal agent, and to open it to the inside, and to confirm what was the matter. Although there was no theft of the victim’s wall as stated in the facts charged, the lower court convicted the Defendant of this part of the facts charged, and erred by misapprehending the facts and misapprehending the judgment.

2) The sentence of imprisonment (10 months of imprisonment) imposed by the lower court on the Defendant is too unreasonable and unfair. B. The prosecutor (2014 Highest 1132 on the 2014 Highest 1132), which the lower court sentenced against the Defendant (20 years of imprisonment and one year of suspended execution, are too uneasible and unfair.

2. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to concurrently examine the case of appeal by the first instance court of the second instance against the Defendant and the case of appeal by the second instance court of the second instance. On the other hand, each of the crimes found guilty in each of the lower judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the first and second lower court of the first instance cannot escape from reversal.

However, there are reasons for the above ex officio reversal in the judgment below.

Even though the defendant's assertion of mistake is still valid.

참조조문

-형법 제38조 제1항

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