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(영문) 부산지방법원 2017.11.02 2017노1506

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to the acquittal portion of the judgment of the court below, the confession of the defendant as to this part of the facts charged is found guilty on the grounds that there is evidence of reinforcement, such as statements by each victim and photographs of damaged vehicles, and the court below rendered a verdict of not guilty on the grounds that there is no evidence of reinforcement, which affected the conclusion of the judgment by misapprehending legal principles.

B. The sentence sentenced by the lower court (two years of suspended sentence for one year of imprisonment) is too unhued and unfair.

2. Determination

A. The summary of the facts charged in this part of the charges 1) The Defendant, on July 2016, opened a door-to-door apartment parking lot located in the Nam-gu, Busan at around 00:00, Seocheon-dong, Nam-do, Busan, and opened a door-to-face not corrected by any one of the CF freight vehicles parked therein, and then entered the above vehicle, and then take 3,000 won in cash owned by the victim D, which was located in the light sunlight of the driver’s seat.

L. A. L. theft was committed.

2) The Defendant, at the time, at the time, at the place, set forth in paragraph 1, opened a door that is not corrected to the Empia vehicle parked therein, and entered the said vehicle, and then take up KRW 2,000,000, in cash owned by the victim F.

L. A. L. theft was committed.

B. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that the Defendant’s confessions as to this part of the facts charged, but in light of the following circumstances, there is no evidence to reinforce the confessions, and thus, the confessions constitute the only evidence.

① Prosecution submitted each statement of victim D and F as evidence of reinforcement of the above facts charged.

However, according to the F's written statement, the above D is well aware of the fact that it was damaged, and it is written to the effect that it was only several times parked without diving the tea, and according to the F's written statement, the above F is also aware of the fact that it was damaged.