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(영문) 수원지방법원 2015.10.23 2015노1053
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

Of the facts charged in the instant case, the charge of larceny is acquitted.

Reasons

1. Summary of grounds for appeal;

A. At the time of mistake of facts as to larceny, the Defendant collected the complainants' bags while disputing the larceny between the complainants and the vehicle. At that time, the money on the complainants' bags fell out of the Defendant's shopping bags in the vehicle, and the Defendant did not deduct the money from the complainants' bags at the time.

B. Even if it is not an unreasonable sentencing decision, the sentence imposed by the court below on the defendant is too unreasonable.

2. Judgment on larceny

A. Of the facts charged and the judgment of the court below, the summary of the facts charged as to larceny among the facts charged in this case is as follows: "The defendant was guilty of this part of the facts charged by taking into account the following as evidence of the victim's statement at the police station of the complainant's police statement, photograph (hereinafter Kakao Maooo Ma, etc.) and photograph (hereinafter referred to as "the victim's statement at the police station of the complainant's police station of Suoo Kaoo Maoo Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Ma

B. However, it is difficult to accept the judgment of the court below as it is.

In other words, according to the evidence duly adopted and examined by the court below and the trial court, it is recognized that the complainant demanded the money of the defendant in relation to the damage of the vehicle in the vehicle of the complainant on the day of the case, and that the money of the complainant was found in the shopping bags brought by the defendant from the vehicle, and that the money of the complainant and the keys of the plaintiff are found.

However, according to the above evidence, the vehicle of the defendant on the day of the case was broken and the complainant was lost after the complainant's vehicle was left behind the complainant's vehicle, and the defendant and the complainant were the vehicle of the defendant in the vehicle of the complainant's vehicle.

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