beta
(영문) 청주지방법원 2015.10.29 2015노944

상습절도

Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. The court below within the scope of the judgment of this court is hard to recognize the habituality of the larceny against the defendants among the facts charged in this case against the defendants, and further it is difficult to find the defendants guilty of the special larceny against the victims E and F, and judged the defendants A not guilty of the above special larceny, and found them guilty of all the remaining facts charged, and found them guilty of the above special larceny and found them guilty of the rest of the facts charged.

As to this, Defendant A appealed from the judgment of the court below on the grounds of unfair sentencing, and the prosecutor appealed from the judgment of the court below on the grounds of misconception of facts as to each of the special larceny against the victim E and F.

Therefore, since the judgment of the court below against the defendant B's guilty part of the judgment is separated from or finalized by the failure of both parties to appeal, this part shall be excluded from the scope of the judgment.

2. Summary of grounds for appeal;

A. Of the instant facts charged, the prosecutor (misunderstanding of facts as to the acquittal portion of the Defendant) found the Defendants guilty of this part of the facts charged on the confession made by the Prosecutor with respect to the crime of special larceny against the victim E and F, and found the Defendants guilty of this part of the facts charged. Since the date and time of the crime of special larceny against the victim E can be different from that of the facts charged acknowledged to be Albatha of the Defendant B, the lower court acquitted the Defendants of this part of the facts charged on the grounds that Defendant B was in a different place, which affected

B. The lower court’s imprisonment (two years of imprisonment) is too unlimited and unfair.

3. Determination

A. The lower court’s judgment on the prosecutor’s assertion of mistake of facts is that the Defendants made a single statement to the effect of confession.