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(영문) 부산지방법원 2015.02.13 2014노3203
절도
Text

Each judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

Q, R, and S are not guilty, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (an unreasonable sentencing on each judgment of the court below) and the sentence imposed by each court below on the Defendant (six months of imprisonment) are too unreasonable.

B. Defendant Q, R, and S (misunderstanding of facts against the judgment of the court below of the second instance and inappropriate sentencing) (1) misunderstanding of facts is the employees of “A”, who are the medium and long-term sales store.

The Defendants were in the AA and were entrusted by A with the sale of a second-hand household product. At the time, the Defendants fulfilled their duty of care to confirm whether they are stolen goods.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court on Defendant Q, R, and S (the respective fines of KRW 500,000 for Defendant Q and R, and the fines of KRW 1 million for Defendant S) is too unreasonable.

B. The sentence (six months of imprisonment) imposed by the first instance court on the Defendant by the prosecutor (an unreasonable sentencing against Defendant A of the first instance judgment) is too uneasible and unfair.

2. The judgment of the court below as to Defendant A's authority of appeal as to each of the judgment below as to Defendant A and the prosecutor's grounds for appeal as to the judgment of the court of first instance rendered a separate sentence as to each of Defendant A ex officio prior to the judgment of the court below as to the grounds for appeal as to Defendant A, and each of the judgment below as to Defendant A, the prosecutor filed an appeal as to each of the judgment below as to Defendant A, and the court of first instance decided to hold a concurrent trial as to each of the above appeal cases as to Defendant A. Each of the judgment below as to Defendant A is related to concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, and the judgment of the court below as to Defendant A should be sentenced to a single sentence within the scope of a single sentence subject to aggravated punishment pursuant to Article 38 (1) of the Criminal Act.

3. misunderstanding of facts by Defendant Q Q, R and S.

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