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(영문) 서울중앙지방법원 2013.10.18 2013노1587

절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the course of misconception of facts, the Defendant’s editing of CCTV images together with the owner of the business in order to see the Defendant’s theft as if they were stolen, and the Defendant was not a theft.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts (the Defendant asserted that CCTV images were forged after the examination of evidence against video CDs was completed at the lower court, but this does not affect the result of the existing examination of evidence), the CCTV images cannot be deemed to have been compiled.

(1) The F has consistently stated from the investigative agency to the court of the original trial that “I clearly confirmed the beginningization of the 1,000 Won Hashed on the face of the 1,000 Won.”

Upon examining the file consisting of Sheshedic video CD, ① 100 won and surrounding files (hereinafter “02 file”) are CCTV images consisting of a 100 won-0.02avi file (hereinafter “02 file”) with a calculical tape. The calcule’s 1,000 won and 45 seconds. A calcule’s calcule’s calculical calculical calculical calculical calculical calculines around 30 seconds and 30 seconds. A calcule’s calculical calculic calculic calculic calulic calculic calculic calculic calculic calcal calculic calculic calcal calcal calulic calcal calculic calculic calcal calcal calcalcul calcul cal cal) is 5 minutes.

The play time is five minutes and 59 seconds of CCTV images which have taken the outer part of the Maart, and one minute of the play time.