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(영문) 전주지방법원 2015.12.16 2015노1385
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a theft of the victim’s wallet.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. According to the reasoning of the judgment on the assertion of mistake of facts, the video images of the new cancer park: (a) considering the CCTV around the victim’s seat, the Defendant’s seat-to-face moving from the CCTV to the back of the victim’s seat-to-face fast, and (b) the Defendant’s seat-to-face moving to the back of the victim’s seat-to-face fast in the direction of the wall-to-face, such as the police statement against C, it can be sufficiently recognized that the Defendant committed the theft of the victim’s wall in the new park, as shown in the facts charged in the instant case, in full view of the evidence presented by the court below, such as the police statement against C.

On the other hand, the defendant stated in the police that "it is true that he has stolen another person's fingerprints from the will of the new park," and stated that "I would know if I go to the new park," "I would well know whether I would go to the new park," "I would not steals another person's fingerprints," and "I would know that the person recorded in CCTV would go to his own identity," and "I would know that I would go to the park only if I want to go to do so, I would know that I would go to the park," and I would like to reverse the statement and make an inconsistent statement, and it is inconsistent with other evidence, such as the video images of the above video CD. Therefore, the defendant's defense is difficult to believe.

Therefore, the defendant's assertion of mistake is without merit.

3. Although the amount of damage in this case was relatively small, or even though the defendant had been punished several times for the same crime, the defendant again committed the crime in this case during the repeated crime period. Nevertheless, the defendant denied the crime in this case and did not reflect it, and the damaged goods have not been recovered and the defendant did not endeavor to recover from damage, and the age, character and behavior, living environment, and the means and result of each of the crimes in this case.

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