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(영문) 청주지방법원 2018.02.22 2017노1102
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant brought the handbag of this case to the victim with his intention to return them, and it does not bring about any disposition or use thereof, and there was no intention of unlawful acquisition by the defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The judgment of the court below also asserted the same purport, and in light of the circumstances stated in its reasoning, the court below held that the defendant can recognize the fact that the defendant stolen the handbag of this case with his intention to obtain unlawful acquisition.

In view of the facts charged of this case, the charges of this case were convicted.

In light of the evidence duly adopted and examined by the court below, the above determination and conclusion of the court below is just and acceptable, and there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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