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(영문) 서울중앙지방법원 2020.05.29 2019노771

절도

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (or imprisonment with prison labor for four months) is too unreasonable.

B. The lower court erred by misapprehending the legal doctrine on facts (the fact-finding and the unreasonable sentencing) 1) states that the Defendant was not guilty of the crime, but did not have stolen the Defendant’s bags while denying the crime, or attempted to reach an agreement with the victim while attempting to reach an agreement with the victim. The Defendant’s statement is not consistent with the Defendant’s statement. As such, the lower court determined that the Defendant was acquitted on the part of the UN among the 4.90,000 damaged goods charged, without credibility. 2) The lower court’s sentence on the unfair sentencing is unreasonable because it is too uneasible.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On the ground that it is reasonable to view that the victim used 50,000 UN, 4.90,000, which was 4.90,000 U.N. on the victim’s bank, as the drinking value, the lower court rendered a judgment of innocence on the part of 50,00

B. In addition to the following circumstances acknowledged by the court below on the grounds of conviction of the part 4,50,00 and the reasons of innocence of the part 50,000 UN, the court below's determination on this part is just and acceptable in light of the following circumstances, i.e., the victim had been drinking alcohol in other place prior to the clerical error in the body operated by the defendant; there is no evidence other than 50,000,000, the victim had paid the drinking value at the defendant's drinking house; the defendant and the defendant stated at the prosecutor's office that he received 50,000 UN and several 50,000 won from the defendant among the daily sales of the crime in this case; and the financial transactions exchanged the amount equivalent to 50,000 UN money after the date of the crime. In addition, the court below's determination on this part is erroneous and there is a violation of a mistake of facts as alleged by the prosecutor.