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(영문) 인천지방법원 2015.07.24 2015노816

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant brought the two-way electricity of this case to the number of employees’ office, and there was no intention to steal it.

2. The court below stated that the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, ① the witness D or E at the court of the court below stated that the defendant would have not thought that the defendant would have been the victim of the instantless electricity, etc. at the time of the crime of this case, and that it would not be said that the defendant would be able to use it; ② the witness F at the court of the court below stated that the defendant would not bring about the instantless electricity from the defendant; but the witness F at the court of the court of the court below did not bring about it to the defendant, but did not return it to the victim of this case. However, in light of these circumstances, the defendant did not think that the instantless electricity, etc. was the victim of the first time, ③ the defendant could not return it to D or E, and the defendant did not return it to the victim of this case.

Therefore, the defendant's assertion of mistake is without merit.

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