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(영문) 서울중앙지방법원 2020.01.10 2019노1844
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a theft of selective compensation at the convenience store for mistake of facts.

Even if the defendant brought a return to the return of the return of the return of the return of the return of the return of the return of the return of the return of the return of the return of the return of the return of the return of the return of the return

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as to the assertion of mistake of facts, the Defendant could have sufficiently recognized that there was an intention of unlawful acquisition and intent of theft as stated in the judgment below, so the above assertion by the Defendant is without merit.

① On November 26, 2018, 201, 80 men, who have a knife and a knife with a knife and a knife with a knife on the day of the instant case, have taken the flife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife.

② The above male, after calculating, asked C of the boxes posted on the line within the convenience store, and went out of the place without asking C.

Afterwards, the above male did not return home patritons in or in his or her past patritons.

③ C compensated the owner of 140,000 won of the purchase price of Badton Pocket, found the Defendant within the convenience store on January 8, 2019, and reported 112 as the larceny offender of this case.

④ At the time of the instant case, C, considering the above male face, memorys the face of the above male face, and took most of the face and overall appearance of CCTV images, and identified him as a criminal on the ground that he/she is consistent with the Defendant who visited again, and his/her statement is credibility in light of the specific circumstances of the offender.

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