(영문) 대전지방법원 2015.09.16 2015노2059 | 리걸엔진

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(영문) 대전지방법원 2015.09.16 2015노2059

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding larceny on October 2010, 2010, the Defendant: (a) stolen four victim’s tools at the time; and (b) did not steals a total of 28 types of tools, such as the description in the facts charged; (c) the Defendant, while under the influence of alcohol, lost tobacco in the vicinity of the place where the fire occurred; (d) however, it cannot be readily concluded that the Defendant’s negligence caused a fire.

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, and a fine of three million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On October 2010, the court below rejected the above argument in the judgment of the court below as to the misconception of facts as to the larceny in the first instance on the same ground as the grounds of appeal in this part. The court below rejected the above argument on the grounds of various circumstances as stated in its reasoning in paragraph (1) of the part concerning "the judgment on the defendant and his defense counsel". If the judgment of the court below is examined closely by comparing the above judgment with the records, the judgment of the court below which found the defendant guilty of the relevant part of the facts charged against the defendant is just and it is not erroneous in the misapprehension of facts as alleged by the defendant. Thus,

B. The court below rejected the above assertion based on various circumstances as stated in paragraph (3) of the part of the "determination of the defendant and his defense counsel's assertion" in the judgment of the court below as to the assertion of mistake of facts as to the realization. If we closely compare the above judgment of the court below with the records, the judgment of the court below which found the defendant guilty of the relevant part of the facts charged against the defendant is just, and it is erroneous in the misapprehension of facts as alleged by the defendant.

유사 판례

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