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(영문) 대전지방법원 2016.12.07 2016노1623

절도

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that money belongs to a misunderstanding plastic paper, and no money was stolen.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the victim has consistently stated the following circumstances: ① the circumstance that the victim had 2.7 million won in cash, the formation of the victim's clothes at the time of entrance into an emergency room, and the location where the victim had been in custody; ② the victim's statement to the effect that the victim's clothes at the time of entrance into the emergency room and 50,000 won in panty spanty spanty spanty spanty spanty spanty spanty, and the victim's spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spande 1 to the victim's statement.