(영문) 전주지방법원 2018.09.21 2018노987 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.09.21 2018노987

절도

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The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (1) The Defendant brought the door to the victim for a return cycle, and stored the door, and returned it to the original place by a change of mind, and does not go against the victim’s will of unlawful acquisition.

(2) The Defendant had the victim’s bank when the victim moved to another place in a park with frequent access by the public. As such, the Defendant continued to have de facto control over the victim’s bank.

shall not be deemed to exist.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The lower court determined as follows based on the evidence adopted by the lower court, i.e., ① the CCTV photographs: (a) the Defendant parked the vehicle of one ton on the side of the children’s park of tin, around 17:54 on February 21, 2018, and immediately left the bank and entered the bank at around 17:59 on the same day; (b) the Defendant used the victim’s bank and garbage and went back to the bank at around 22:31 on the same day; and (c) was returned to the victim at around 22:34 on the same day after around 22:34 on the same day; and (d) the Defendant did not take actions to return the victim’s bank to the police station.

It is difficult to see that the Defendant was guilty of the instant facts charged on the ground that the Defendant had the victim’s bank with the intent of theft, and the fact is recognized.

B. Determination of the party deliberation: (1) The intention of unlawful acquisition necessary for the establishment of larceny

"Right holder" means the intention to use or dispose of another person's goods as his own property, the intention to permanently hold the economic interest of the goods, and the possession of another person for the purpose of temporary use.

유사 판례

-전주지방법원 2018.07.12 2018고단945

-대전지방법원 2017.02.15 2016노2404

-대전지방법원 2016.04.20 2015고정1657

-창원지방법원 2018.02.14 2017노3545

-춘천지방법원 2017.10.25 2017노222