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(영문) 창원지방법원 2015.05.14 2015노47

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal filed a statement of grounds for appeal stating that the Defendant had detained the instant case, and the lower court sentenced the Defendant to a judgment of exemption from punishment, which is examined with the intention of misunderstanding of facts.

2. Determination

A. On April 25, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny and a fine of KRW 200,000 at the Changwon District Court on April 25, 201, and the judgment became final and conclusive on August 1, 2014.

At around 12:00 on September 2, 2013, the Defendant: (a) was cut off the door of the vehicle of the E-Poter freight vehicle owned by the victim D, which was parked in the above location, and was removed by the driver’s seat in the amount of KRW 190,00,00, the Defendant removed the Samsung MM-Pion Ltd., which was installed in the vehicle.

B. The lower court found the Defendant guilty of the instant facts charged.

C. The following circumstances revealed by the evidence duly adopted and examined by the court below, namely, ① the Defendant made a statement from an investigative agency to the court of the court below to the purport that all the facts charged of this case were admitted, and the Defendant did not have any explanation to the circumstances leading to the reversal of the above statement at the time of the trial. ② G purchased the above four parts from the Defendant as the Defendant did not possess an identification card at the time of purchase, and the Defendant’s name, resident registration number, and telephone number was dried up, and the Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son was affixed. However, upon a request for appraisal of the above fingerprints, the Defendant’s fingerprint was confirmed as the result of a request for appraisal of the above fingerprints, and the victim was confirmed as the victim, and the victim was within the son’s own son’s son’s son’s son’s son’s son’