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(영문) 창원지방법원 2016.07.07 2016노936
특수절도등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 1 to 7, 9, 15 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of No. 1 of the daily list of crimes attached to the judgment of the court below, the defendant committed a crime on July 2015, not around July 2015, but around November 2015. The judgment below erred by misapprehending the facts.

B. The punishment of the judgment below which is unfair in sentencing (an offense of No. 1 per annum of the list of crimes attached to the judgment below: imprisonment with prison labor for 2 months, and a crime of No. 2 through No. 30 per annum of the list of crimes above: imprisonment with prison labor for 1 year and 6 months, and confiscation) is too unreasonable.

2. According to evidence duly adopted and examined by the court below and the court below's judgment and the trial court's judgment, the LESO bicycle (Evidence No. 14), which is the main object of the crime No. 1 of the annexed Table No. 201 as indicated in the judgment below, is recognized as "type No. 2016," and the product produced and sold after July 2015 (see, e.g., evidence No. 803 pages). The defendant's assertion that the date and time of the crime are around July 2015, which is not around July 2015, is without merit [ insofar as there is no concern that the defendant's exercise of his right to defense may not be any disadvantage, it may be recognized that the crime is different from the facts charged ex officio without changing the indictment (see Supreme Court Decision 2013Do9481, Oct. 29, 2015).

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

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