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(영문) 서울고등법원 2011.02.17 2010노3522

특정범죄가중처벌등에관한법률위반(절도)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had been placed in the Bospo-gu fishing market in the temporary border of the facts charged, the Defendant did not steals the victim’s wallets.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the prosecutor (three years of imprisonment) by the court below is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court, from the investigative agency to the court of the lower court, decided from the victim C to the court of the lower court, that “The Defendant stated that, in light of the fact that the Defendant was punished against the Defendant at the lower court, the Defendant stated that “I would like to see that I would have been able to see why the wall was put on the right side of the twitning clothes, and that I would like to collect the wall from the front side of the right side, and that I would see the Defendant’s hand, and that I would like to see the Defendant’s hand. However, even if I would like to see the fact that I would have been punished against the Defendant, I would like to see that I would like to “I would see why I would have stolen the Defendant,” and that I would like to see that I would have consistently stated that “I would have been punished against the Defendant,” and that I would like to see that I would like to say that I would have “I would like to see the instant law.”.