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(영문) 의정부지방법원 2020.09.25 2019노3247
절도
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant of mistake of facts finds that the victim, who is the passenger of the taxi he/she drives, no longer fell, and the victim's wall was separated from the back of the taxi steering place, thereby making the decision to return the victim's wall, and there was no theft of the victim's wall wall.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles.

The sentence of the lower court on unreasonable sentencing (one million won of fine) is too unreasonable.

The following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below in its determination of facts concerning the defendant's assertion of mistake, i.e., (1) according to the black image of a taxi in which the situation was taken at the time of the instant case, the defendant saw the victim's wallets on his left hand, and it can be confirmed that the victim was promptly released from the front floor of the instant taxi, and the file name of 2019028 cd image No. 46-1 cd image No. 46-20 00:01:01:01:21), the victim's wall is found near the back of the taxi early, and the victim's wall is found to be inconsistent with the victim's wall image, which is an objective evidence, and thus, the defendant's statement that the above video No. 4 was presented at the time of the police investigation, but it is evident that the defendant's remaining evidence was not evidence of the victim's 6th cd image (the evidence of this case).

Therefore, the judgment of the court below that found the facts charged of this case guilty.

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