beta
(영문) 서울서부지방법원 2017.04.27 2017노152

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below acquitted the Defendant of this part of the facts charged on the ground that the Defendant, as stated in this part of the facts charged, could have found that he stolen the victim’s resident registration certificate and cash KRW 44,00,00, as stated in the facts charged.

B. The lower court’s sentence that is unfair in sentencing is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) on April 23, 2016, the Defendant: (b) put the bank that was deducted from the victim C in front of Jongno-gu in Jongno-gu “E” (E) “E” (M) and moved the bank to the seat gate, and (c) took the resident registration certificate and cash 44,000 won from the wall on the part of the victim’s inner wall.

In other words, they stolen them.

B. The lower court rendered a judgment that acquitted the Defendant on the following grounds.

(1) In a criminal trial, the conviction in a criminal trial shall be based on evidence of probative value, which can lead a judge to confluence that the facts charged are true beyond a reasonable doubt, and if there is no such proof, even if there is suspicion of guilt against the defendant, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). (2) When the defendant conflicts as to whether he/she goes home and abroad, he/she temporarily left the venue of the dispute after putting him/her on the boundary of his/her seat, and after having a police phone called upon by a report by C, it is recognized that he/she finds a police box and return it after the police investigation.

(3) However, in light of the following facts and circumstances acknowledged by the evidence adopted and examined by this court, the evidence submitted by the prosecutor alone is sufficient to deem that the Defendant’s resident registration certificate and cash 4.4