(영문) 전주지방법원 2015.01.23 2014노1376 | 리걸엔진

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(영문) 전주지방법원 2015.01.23 2014노1376

절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (No. 1297 No. 2014Da1297 in the original judgment), the Defendant did not commit each larceny under paragraphs (1) through (3) of the 2014Dadan1297 in the judgment of the court below.

(Defense Counsel stated in the statement of grounds for appeal 2014 J. 1412 to the effect that it is erroneous, and the first trial date also stated to the same effect. However, in light of the record, it is obvious that this is an error).

The sentence of the lower court (one year and six months of imprisonment) against the accused of unfair sentencing is too unreasonable.

2. Determination

A. In the judgment of the court below regarding the assertion of mistake of facts, the defendant alleged that he was not guilty of each larceny as set forth in the table of crime Nos. 1297 No. 201 to 1297 of the judgment of the court below. However, the court below denied the crime of larceny against each of the above goods by asserting that "the defendant, in relation to each of the goods listed in the table of crime No. 1 through No. 3 of the annexed Table No. 201 to 2010 of the judgment of the court below, was presumed to have stolen himself on the first trial date, but did not have been held on the date of the crime at the second trial date, and that he had not been held on the date of the crime at the second trial date, but at the police stage, the defendant led to the confession of larceny of each of the above goods as set forth in the table of crime No. 2 and paragraph 3 of the annexed Table No.

However, in light of the aforementioned evidence and the attitude of the Defendant’s statement revealed in the course of the investigation and the trial of this case, the following circumstances, i.e., the investigation into the larceny of the articles listed in No. 1 through No. 3 of the annexed crime list, not the report of the relevant victims, and the confession of the Defendant, which started in the confession of the Defendant, shall be conducted by the Defendant himself in the process of being arrested at the scene of larceny attempted in

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