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(영문) 수원지방법원 2015.10.28 2015노4738

상습특수절도

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, in collaboration with D, did not have stolen the victim I’s property, and the Defendant attempted to withdraw cash from the automatic machines by delivering the victim I’s agricultural card to the Defendant on the day of the instant case.

Nevertheless, the judgment of the court below which convicted the victim I of habitual special larceny among the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. A. On March 23, 2015, the summary of habitual special larceny against the victim I of the instant case: (a) the Defendant: (b) committed a theft of the victim’s property by taking out one welfare card; (c) one welfare card; (d) one student performance card; and (d) one agricultural colon card; and (e) one 30,000 won of the market price consisting of cash KRW 60,000,000,000,000,000,000 won around the victim I; and (d) habitually committed a theft of the victim’s property in combination with D.

B. The lower court found the Defendant guilty of the facts charged in full view of each of the evidence in its judgment.

C. The lower court’s judgment 1) acknowledged that the Defendant led to the confession of the entire facts charged of this case, including the crime of special larceny against victim I in the court below’s judgment. However, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant’s statement in the court below cannot be trusted as it is, and the remainder of the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant committed a theft of victim I’s property jointly with D, and there is no other evidence to acknowledge it. (A) The Defendant was investigated by the first police, and decided to conduct a retail larceny by returning to D and market, with the intention to return to D and the market, as of January 13, 2015.