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(영문) 부산지방법원 2015.08.20 2015노1560
절도
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of 200,000 won.

The Defendants did not pay each fine.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants: (a) removed the instant trees from the tea trees entrusted by Defendant A; and (b) did not intend to steals the victim’s trees, the lower court erred by misapprehending the legal principles that found the Defendants guilty of this part of the facts charged.

B. Even if the court below found the defendant guilty, the sentence of the court below (each of the 500,000 won of the defendants) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below's determination on the assertion of mistake of facts, the court below's fact finding is just, and in addition, the defendants alleged that the trees of this case were damaged to the plaintiff's her her her her her her her her her her her her her her her her her her her her her her her she was entrusted before several years. However, the following circumstances revealed by evidence, i.e., the defendants were examined at the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

Therefore, the defendants' assertion of mistake is without merit.

B. The assertion of unfair sentencing.

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