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(영문) 수원지방법원 2016.11.04 2016노3750

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of two thefts as stated in the facts charged, but erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. At around 17:00 on August 30, 2015, the Defendant: (a) opened several places of things to be stolen, open several places of things to be stolen by entering a room for membership exclusive use in Suwon-si, Suwon-si, Suwon-si, and DBing places; (b) discovered one bowling hole equivalent to KRW 307,000 in the market price owned by the victim E and one bowling hole in the market price owned by the victim F; and (c) stolen it by placing it in a prepared room.

B. The lower court’s judgment 1) asserted that the Defendant, at the lower court’s court, had an employee’s permission to search for a bowling hole suitable for hand, carried a studio and used it, and brought it back again, and that there was no theft of two bowling hole. The lower court, based on the evidence duly adopted and examined by the lower court, stated the following facts: ① the Defendant’s act of opening a studio at around 15:05 on August 30, 201 (a) as well as opening a studio with a single bowling bag at around 0:15:12; ② the Defendant’s act of opening a 2ndudio at around 16:15:20 on December 30, 201; and (b) the Defendant’s act of opening a 16th studio with a 26th studio, without holding the 16th 2nd 16th studio.