Whether an automobile engine, aviation tata, owned by the United States Armed Forces in Korea constitutes military supplies

In Korea, automobile engines, aviation typies, etc. of U.S. military supplies are those under Article 3(1) of the Act on Special Measures for Crimes against Military Supplies, etc.

Articles 2 and 3 of the Act on Special Measures for Crimes Committed against Military Supplies, Etc.

Defendant 1 and four others

Prosecutor and Defendants (Defendant 2, 3, and 4)

Jeonju District Court of First Instance (72 Gohap112) Gunsan Branch Court of the District Court of First Instance

The part concerning Defendant 3, 2, and 4 in the judgment of the court below shall be reversed.

Defendant 3 and 2 shall be punished by imprisonment with prison labor for up to six months and by imprisonment for up to eight months.

The forty-five days of detention days prior to the pronouncement of the judgment of the court below shall be included in the penalty before the sentence.

However, the execution of the above punishment shall be suspended for one year for Defendant 3 and 2, and for Defendant 4 for two years from the date this judgment became final and conclusive.

The prosecutor's appeal against the defendant 1 and 5 is dismissed.

Three copies (No. 22) of seized recorded tapes shall be returned to the Government of the United States of America.

The gist of Defendant 3, 2, and 4’s appeal ground No. 1 is that the court below found Defendant 3, 2, and 4’s defense counsel guilty, despite that even if the military supplies are worth exchanging in the market of Korea, the government of the United States of America (the United States of America) that the owner of the military supplies did not belong to the non-main goods that have waived its ownership and are the objects of the violation of the Act on Special Measures for the Crimes against Military

However, in light of the records of the records, there is no argument that there is an error of misunderstanding of facts in the original judgment, since it is apparent that the instant motor vehicle engine 2-to-air tape is the military supplies under Article 3 (1) of the Act on Special Measures for Crimes Committed by Military Supplies, etc. and the Government of the United States of America (U.S.A.) who is the owner of the instant motor vehicle cannot be deemed as a non-state that has waived ownership.

The gist of the second point of his defense counsel's second point is that the sentencing of the court below is unreasonable, and the prosecutor's grounds for appeal are unreasonable. The prosecutor's grounds for appeal are that the sentencing of the court below is just. Thus, according to the records of the first instance court, the first offender who did not have all criminal records and the second point of the court below's judgment was involved in the disposal of waste and garbage in the Korean Veterans Association and the main station of the U.S. military under contract with the Korea Veterans Association and the U.S. military authorities, and the second point of the judgment below's sentencing of Defendant 1, 5 against Defendant 3, 2, and 4 is appropriate, and since the degree of damage is relatively minor, the court below's sentencing of the court below against Defendant 1, 5 cannot be deemed unfair, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act since the prosecutor's appeal against Defendant 3, 2, and 4 are without merit, and the court below's appeal against the defendant 64 of the Criminal Procedure Act is reversed as follows.

Criminal facts and summary of evidence against Defendant 3, 2, and 4 recognized as a party member are the same as those indicated in the original judgment, and they are cited as they are.

Article 3(1) of the Act on Special Measures for the Restoration of Military Supplies, Etc., and Article 3(1) of the Act on Special Measures for the Restoration of Military Supplies, Etc., which provides that one theft of two aircraft engines, which are military supplies, shall be included in the judgment of the court below in the Act. Since Article 3(2) of the Act on Special Measures for the Restoration of Military Supplies, etc., Article 3(3) of the Act on Special Measures for the Restoration of Military Supplies, Article 3(1) of the Act on Special Measures for the Restoration of Military Supplies, Article 362(1) of the Criminal Act, Article 362(3) of the Criminal Act provides that the above provision shall apply the provision of Article 3(5) of the Act on Special Measures for the Restoration of Military Supplies, etc., and Article 3(2) of the Act on Special Measures for the Restoration of Military Supplies, Article 4 of the Act on Special Measures for the Restoration of Military Supplies, which provides that the above provision shall apply the provision of Article 5(2) of the Act on Special Measures for the Restoration of Military Supplies, etc.

It is so decided as per Disposition for the above reasons.

Judges Choi Yong-gu (Presiding Judge)