(영문) 대구지방법원 2018.09.07 2018노1870 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.09.07 2018노1870

절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) It is not a theft because a misunderstanding of fact brings money on a non-use of equipment necessary for the business day following the misunderstanding of fact.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to KRW 500,00) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, namely, ① the Defendant would not bring the money of a credit cooperative to an investigative agency for the personal management of the injured party; and ② the Defendant saw the money to math Kim.

In light of the facts stated (26 pages of investigation records), 2. The Defendant appears to have brought money without accurately viewing the money by opening a credit cooperative with a telephone conversation, and it seems that the accurate amount of money should be calculated if the Defendant brings money for business purposes. It does not so. ③ The Defendant asserts that he would have brought money to purchase the equipment as a store store. However, the victim made a statement that he/she would purchase and prepare the equipment for the operation of the store at all times, and the Defendant did not have any prior to the commencement of business after his/her attendance at the store of this case. In full view of the above, it can be recognized that the Defendant was fully aware that he/she had brought money.

Therefore, the above assertion by the Defendant is without merit (the Defendant asserts that the victimized person filed a complaint against the instant crime in order to force the victimized person to pay advance notice of dismissal to the Defendant, but even if the above circumstances are recognized, it does not affect the establishment of the crime). (b) The fact that the amount of damage was not significant in relation to the unfair argument of sentencing, and that there was a same power as the fine is favorable to the Defendant.

However, the defendant denies and does not reflect the crime.

유사 판례

-의정부지방법원 2016.03.22 2016노75

-대전지방법원 2017.05.24 2016노2905

-춘천지방법원 2018.05.18 2017노273

-수원지방법원 2017.04.21 2016노8538

-서울중앙지방법원 2017.03.24 2016노4573