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(영문) 전주지방법원 2017.07.13 2017노100

절도

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles (the part of the judgment of the court below which acquitted the defendant) all of the crimes committed in this part, and the police statement protocol, etc. as to D are sufficient as evidence to reinforce it, and even if so, it is not so

Even though it is possible to secure reinforcement evidence through the exercise of the right to request the inspection, the court below did not sufficiently conduct a hearing and found the defendant not guilty of this part of the facts charged. The court below erred by misunderstanding the facts or by misapprehending the legal principles.

B. The lower court’s sentence that is unfair in sentencing (the suspended sentence of KRW 300,000) is too unhutiled and unfair.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On January 2016, 2016, the Defendant: (a) used a gap in which the victim D’s surveillance was neglected; (b) cut off one (200,000 won) in the clothes of the Defendant, and stolen it.

2) On January 2016, the Defendant stolen one cell phone cover (30,000 won) at the same place as that of paragraph 1, and in the same manner as that of paragraph 1, the Defendant stolen one cell phone cover (30,000 won.

3) On February 2016, the Defendant stolen one of the Blus Hagues (the amounting to KRW 79,00) at the same place as paragraph 1, and in the same manner as paragraph 1, at the same time and in the same manner as paragraph 1.

B. The lower court rendered a judgment that acquitted the Defendant of this part of the facts charged on the ground that the confession by the Defendant constitutes the only evidence unfavorable to the Defendant, since there is no other evidence to reinforce it, the confession by the Defendant constitutes the only evidence unfavorable to the Defendant, and thus, it cannot be considered as evidence of guilt.

(c)

The prosecutor of the judgment of the political party submitted an investigation report (the hearing of Kim Jong-C and D telephone statements) as evidence of this part of the facts charged in the trial. The defendant voluntarily committed the crime of further larceny, such as this part of the facts charged, after being exposed to the victim due to the facts charged in the judgment of the court below and being investigated by the investigative agency.