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(영문) 서울남부지방법원 2018.08.23 2017노2382

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant does not have the right to wear the victim's wall, and has not taken the victim's wall, or has not taken the victim's wall.

Nevertheless, the judgment of the court below that found the defendant guilty is erroneous, which affected the conclusion of the judgment.

2. Examining the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court can sufficiently recognize that the Defendant stolen the victim’s wallet as stated in the facts charged.

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

According to the CCTV image (Evidence No. 36) taken at the time of the instant case, it is recognized that the victim's wall kikisa, which is located in the front of the public service center of the Seoul Southern Southern District Court, Gaza, the Defendant reported this by his hand, and Gaza, Gaza, the Defendant was placed on the front of the wall, and the Defendant was placed on the front of the wall, and the Defendant was placed on the front of the wall and left the wall by opening the door.

In order to show identification cards in front of the integrated public service center, the victim displayed identification cards on the wall and laid off the wall so far, and prepared documents at a civil petitioner preparation stand 3 meters away from that place, and between the defendant and the defendant was dead.

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.