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(영문) 의정부지방법원 2018.03.29 2017노3114

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is that the Defendant committed a crime of theft or of unlawful acquisition, since he/she merely led the Defendant to mistake the bags owned by the victim as the Defendant’s household.

2. The judgment of the court below was examined, ① the defendant found the victim's belongings after he was frank at the court below.

In the case of the party, the party claimed that the bank was lost during his/her returning home.

In light of the following: (a) if the Defendant lost a bank, it would be contradictory to the fact that the Defendant had possession of personal belongings, such as wallets, and (b) when the police investigation was underway, the Defendant brought about the mail of the victim’s wall wall to the Gu’s address; and (c) the Defendant did not return the victim’s bank and credit card, auxiliary vegetable, etc. that were inside the victim’s bank, the Defendant appears to have had the victim’s criminal intent and intent of unlawful acquisition when the Defendant left the bank at his main point. Therefore, the above assertion by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.