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(영문) 부산고등법원 2013.04.24 2012노710

절도등

Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Part of the defendant's case

A. The summary of the grounds for appeal (the defendant and the respondent for medical treatment and custody, hereinafter "the defendant") 1) mistake of facts in order to verify whether the defendant purchased drugs at the nearby pharmacy in order to use a credit card as a main card from the Nancheon-gu Nancheon-gu, Busan, and thus it is possible to use them. Therefore, the defendant was arrested by police officers during the region in Busan, and there was no fact that he invaded into the main room as stated in the facts charged and stolen the victim's property. 2) The sentence of unfair sentencing (one year and three months of imprisonment) by the court below is too unreasonable.

B. Determination 1) In full view of the evidence duly adopted and examined by the lower court and the trial court, the following circumstances are acknowledged: (i) around 14:50 on May 2, 2012, the date of the instant case: (ii) the victim D was in his hand, which was placed in the Busan East-gu C store, Busan-gu, one credit card (non-bank Non-Cine Card) and one cellular phone (Tropty blop blop blop blop blop blop 85,00 won; (iii) around 15:12 on the same day; (iv) the Defendant was in possession of the victim’s credit card owned by the victim; and (v) the Defendant was in possession of the victim’s cell phone flop flop blop fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl.