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(영문) 인천지방법원 2020.02.13 2019노3701
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (i.e., misunderstanding of legal principles and mistake of facts (special larceny part) are the facts charged that the Defendant stolen electric tools, microphones and hedges from the machinery extracted by the Defendant.

However, in the case of electric screen machines, they were successful at the time, but they were not affected by the entrance of the outlet, and they were extracted in microficial and hedges, and they were successful in the case of microficial and hedges, and annoyinger, annoyinger, and utilization of enormous machine.

Therefore, since the above articles were successful, they are owned by the defendant, and the defendant did not have intention to steal others.

B. The punishment sentenced by the court below on the grounds of unfair sentencing (one year and six months of imprisonment, confiscation, and collection) is excessively unreasonable.

B. Defendant B (i.e., mistake of facts) was extracted from a machine extracted at the time, and there was no fact of gathering A and thief, and there was no fact of participating in the larceny.

Dob. The punishment sentenced by the lower court (one year of imprisonment, additional collection) is excessively unreasonable.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court’s judgment as to Defendant A’s assertion of misunderstanding of legal principles and mistake of facts (in particular, the CCTV images), Defendant A appears to have committed an act as described in the facts charged with the intent to steal an article.

Therefore, the defendant's assertion is without merit.

1. Defendant A, while carrying out a game extracted, had the product no longer covered by the entry side of the outlet at which the product was extracted, loaded the face and arms towards the exit from which the product was extracted, and then taken out the product at the entrance of the outlet using the enormous machine in which the product was discharged.

If the good will fall into the discharge outlet by success in the extracted game, the good shall be its own ownership;

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