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(영문) 서울남부지방법원 2018.08.23 2017노2363

절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles did not act to deceiving the calculation source to store shopping bags, and even though the accounting team intended to make payments, it is merely a matter of going out of the store with the shopping bags affixed to the decision-making process, due to the shortage of money, while leaving the store. In such a case, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness due to the fact that he took the mental and physical drugs.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is sufficiently recognized that the Defendant intentionally carried out the store operated by the victim as indicated in the facts charged.

The judgment of the court below is just, and there is no error in the misapprehension of the legal principles as alleged by the defendant.

At the time of the instant case, the Defendant divided the shopping shopping bags kept in the store and the shopping bags possessed by the Defendant.

If the defendant thought that he would bring about the entire calculation of the goods he/she has raised, there is no reasonable ground for dividing the above goods and storing them.

The defendant put the shopping shopping bags on the calculation stand, put the shopping bags below the calculation stand, and found the amount of money when the source of money speaks the total amount of the goods.

In this regard, shopping bags under the supervision of the Ministry of Health and Welfare were carried out.

If the shopping bags are left below the following because it is the same as the defendant's assertion that it is impossible to narrow the calculation cost like the defendant's assertion, the defendant is also in the shopping bags after hearing the total sum from the point of view.