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(영문) 수원지방법원 2019.11.21 2019노5273
상습절도
Text

The judgment below

Among them, the part of conviction and the part of innocence on February 25, 2019 shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (a thief on February 12, 2019), the Defendant entered the front gate of the victim C while taking the front gate of the victim C, in order to find a baby born between the previous wife who was temporarily divorced from this part of the facts charged. However, there is no fact that the said victim’s house door was opened and entered the house, and the said victim’s goods were stolen. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by erroneous determination of the facts. 2) The lower court’s punishment (one year and six months of imprisonment) against the Defendant is too unreasonable.

B. Prosecutor 1) In light of the fact-finding (the thief on January 7, 2019 and the thief on February 25, 2019), on January 7, 2019, the victim E, at the court of the lower court, stated that he was using the thief while committing the larceny. This part of the charges is sufficiently convicted in light of the following: (a) the victim E, at the time of the lower court’s trial, was in accord with the clothes of the Defendant taken on the CCTV image near the site at the time; and (b) the said part of the charges are fully convicted.

B) On February 25, 2019, the victim G was stated by an investigative agency to the effect that the victim G was in his house on the day of the instant case, and that he was found in the nearby waste bags around the alleyway. At the time of the instant crime, the lower court found the Defendant guilty of this part of the facts charged, by recognizing the error of facts and acquitted the Defendant of each of the larceny on January 7, 2019 and on February 25, 2019.

2. The lower court’s decision on the Defendant’s unreasonable sentencing.

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