절도등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding the fact that the Defendant did not know that N did not have the right to use the passbook, and did not intend to commit the theft on two occasions at his request, and the Defendant withdrawn cash from the ATM apparatus through the passbook at his request. Thus, there was no intention to commit the theft.
2) Improper sentencing
B. In full view of the statements made by the prosecutor (misunderstanding the facts about the portion of the crime), the CCTV images and police officers, the defendant's statements made in the suspect interrogation protocol are inconsistent and contradictory to each other, the defendant thefted the victim's deposit passbook.
full recognition may be accepted.
2. Determination
A. 1) As to the Defendant’s assertion, the Defendant asserted the same purport in the lower court.
In light of the following circumstances acknowledged by the evidence duly adopted and examined, namely, that the Defendant was working in the Republic of Korea for about five years, and had the ability to use Korean language, it can be easily known that the deposit passbook was not a deposit passbook with two Chinese Chinese Chinese Chinese nationals; the Defendant withdrawn cash from the agricultural branch in the Republic of Korea in another place located far away from the distant distance twice, and deposited KRW 1.7 million in cash with the Defendant’s account on the same day; the Defendant was aware that there was no legitimate right to use the deposit account when withdrawing cash from the cash withdrawal period.
It is reasonable to view it.
The decision was determined.
Examining the judgment of the court below closely by comparing the record with the record, the above judgment of the court below is just and acceptable, and there is no violation of law by mistake of facts as alleged by the defendant.
The defendant's assertion of mistake is not accepted.
2) Even if the Defendant’s wrongful sentencing is considered on the grounds of unfair sentencing, the lower court has determined the sentencing.