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(영문) 수원지방법원 2018.11.21 2018노1404

특수절도

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts (guilty in the judgment of the court below) did not attract a thief with A, and the Defendant did not open or open a stief, and did not look at the net.

The defendant, according to the direction of A, was classified in order to rent a small scale of a substitute compensation in the last place, and the defendant only found A to have the above substitute compensation, and instead A removed a substitute compensation, and only he tried to remove the substitute compensation.

The judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence of the lower court (one year of imprisonment with prison labor for six months, one year of suspended execution) is too unreasonable.

B. Prosecutor 1) The Defendant, who was found guilty (not guilty in the judgment of the court below), was first investigated by the police, and led to the confession of all of his crimes.

A, an accomplice, consistently stated a conspiracy with the defendant in an investigative agency up to the court of original trial, and made a statement that acknowledges special larceny unfavorable to himself/herself in criminal cases.

The defendant has agreed to compensate the victim for all the damage caused by the larceny immediately after the police investigation. If the defendant did not participate in the crime, there is no reason to compensate for the damage.

After agreement with the victim, the defendant prepared a confirmation document as if he was a single criminal act, and returned it to the prosecution.

The testimony of A, which the court below cited as the ground for the judgment of innocence, is not worth evidence in light of the circumstances and overall purport of testimony.

Therefore, even though it is sufficient to acknowledge the guilty of this part of the facts charged, the court below which acquitted this part of the facts charged is erroneous in the misapprehension of facts and thereby affecting the conclusion of the judgment.

2) The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) that is unfair as it is too unhutiled.

2. Ex officio determination is made.