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(영문) 대구지방법원 2014.07.03 2013노4083

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) As to the theft of the victim J vehicles, etc., according to the evidence submitted by the prosecutor, the defendant was found guilty of this part of the charges on this part of the charges, based on the following facts: (a) as to the theft of the victim J vehicles, etc., including the “Mapo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-

The judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

B. The sentence imposed by the lower court (one year and six months of imprisonment, two years of suspended execution, and probation) is too uneasible and unfair.

2. Determination

A. As to the allegation of misunderstanding of facts, the Defendant consistently denies this part of the facts charged from the investigative agency to the court of the trial. The evidence presented as follows: (a) the witness J’s statement in the lower court; (b) the investigation report (Attachment of a suspect’s photograph); (c) the police statement to J; (d) the materials; (d) the investigation report (as to the confirmation of the victim’s J-related goods); (e) the investigation report (in relation to the confirmation of the counter-defluor of the suspect), the investigation report (in relation to the attachment of the seized goods; and (e) the accompanying of external photographs; and (e) the investigation report (as to the attachment of the seized goods), the victim’s cargo was stolen as stated in this part of the facts charged; and (e) the Defendant was arrested.