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(영문) 의정부지방법원 2020.01.10 2018노3324

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) although the Defendant was able to immediately transfer his fingers to an employee or a customer center in the vicinity of the Defendant, he did not do so; (b) the Defendant’s failure to act to conceal his fingers is likely to be due to the Defendant’s appearance in another person’s eye if he attempted to conceal his fingers because the size of the fingers is small; and (c) the Defendant does not contact with the Maart or the police even after having arrived at his golf course, it is reasonable to deem the Defendant to have committed an intentional theft of his fingers as stated in the facts charged of the instant case and intended unlawful acquisition.

Nevertheless, the court below found the defendant not guilty of the facts charged in this case on the ground that it did not have any reasonable doubt as to whether the defendant had intention to commit a theft against his hand or to acquire illegal gains. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. On the basis of the title "the defendant's assertion and judgment" in the judgment of the court below, the court below held that it is difficult to view that the evidence submitted by the prosecutor alone was proven without reasonable doubt that the defendant had intention to commit theft or to obtain illegal acquisition.

In light of the evidence duly adopted and investigated by the lower court, the lower court’s determination of not guilty of the facts charged of this case is justified and acceptable, and it does not seem that there was any error affecting the conclusion of the judgment by misunderstanding the facts, thereby affecting the conclusion of the judgment.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit.

참조조문