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(영문) 춘천지방법원 강릉지원 2014.09.02 2014노181

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not take cash, cashier's checks, or promissory notes from the victim's branch of the court below and did not theft them, and the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. The judgment of the court below that can be recognized by the evidence duly adopted and investigated by the court below: (a) the victim reported to the investigation agency the theft of 40,000 won in cash and 1 million won cashier's checks, and 2 promissory notes; (b) the victim stated in the court of the court of the court below that "the victim would make the previous victim be able to make a house and take money from the previous defendant, and then he would take money from the victim's seat on the day of the case." (b) the victim made a statement to the purport that "the victim would take money from the hand and take money from the hand to the victim's seat on the day of the case." (c) the first investigation agency stated that the defendant taken money and promissory notes stolen, but the defendant stated to the effect that the defendant taken money from the police and the prosecutor's investigation process; (d) the victim's cash from the victim's land in the absence of the defendant to the police and the prosecutor's office; and (d) the victim's cashier's checks will take place within 200,20 million won.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.