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(영문) 서울중앙지방법원 2015.11.12 2015노2190

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (fact-finding), the CCTV images of an underground parking lot at the Gangnam point of the department store E department store, Gangnam point of the Gangnam point of the appeal, the Defendant’s vehicle carrying objects of the size of strings and driving it onto the string vehicle, and the head of the string vehicle carrying objects of the size of strings can be confirmed. Thus, the Defendant’s vehicle can be sufficiently recognized to have stolen one strings containing clothes.

2. The lower court found the Defendant not guilty on the ground that there was insufficient proof as to the Defendant’s theft of one gambling room containing clothes, based on the evidence duly admitted and investigated, based on the following facts and circumstances: (a) comprehensively taking account of the facts and circumstances as indicated in its reasoning; and (b) comprehensively taking into account such facts and circumstances.

A thorough examination of the evidence of this case in light of the records reveals that the court below's determination of innocence based on the fact finding and judgment as above is just and acceptable, and there is no error of law of misunderstanding of facts as pointed out by the prosecutor.

Therefore, prosecutor's assertion is not accepted.

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