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(영문) 서울중앙지방법원 2016.10.07 2016노3071
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Finding facts, misunderstanding of legal principles, driving away goods to Datt located in Jung-gu Seoul Metropolitan Government (hereinafter “Maat”) and discovered a room that would have been lost by other customers.

On the other hand, it was trying to keep a guard in the nearest police box because it is not seen by the store workers. However, the police box did not find the location of the police box, and the body was good and brought to the house once.

There was no intention of illegal acquisition. There was no intention of illegal acquisition. There was no cash of KRW 300,000, KRW 150,000,000.

B. The lower court’s sentence is too heavy.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence examined in the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal principles, the Defendant appears to have stolen the victim E’s bags with the intent of unlawful acquisition. It also is recognized that there was a fact that there was cash KRW 300,000, KRW 150,000, KRW 150,000, and passbook.

The victims set their own bags and water shoots on the math floor and arranged the display site in neighboring areas.

Considering the location characteristics of Mart, and the method of keeping the bank, it seems that the defendant was not in a situation to perceive the bank as lost property. It is evaluated that the possession of the bank has been maintained.

After discovering the victim's bags by using Mascke, the defendant laid his bags immediately next to the victim's bags, and scam his bags together with the victim's bags and the victim's bags.

No typical theft is excluded from a typical theft.

At the time of crime, several employees were to return to work in Mart.

The victim reported theft to the investigation agency immediately after the damage was inflicted, and important articles such as cash 300,000 won, gift certificates and passbooks amounting to 150,000 won.

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