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(영문) 의정부지방법원 2020.08.27 2019노651
야간건조물침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence of mistake of facts, the court below recognized that the defendant stolen the damaged goods and the items recorded in the “market price (prosecution)” (hereinafter referred to as the “victimed goods and the items charged”) in 1 through 9 each year from the list of crimes recorded in the judgment of the court below (hereinafter referred to as “crime list”) but recognized that the defendant stolen the damaged goods and the items recorded in the “market price (Recognition)” (hereinafter referred to as “the damaged goods and the items recognized”), but there is a misunderstanding of facts affecting the judgment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one year of imprisonment with labor, two years of suspended execution, and probation) is too uneasible and unfair.

2. Determination

A. It is difficult to find that the judgment of the court below that the defendant stolen the goods prosecuted beyond the recognized goods, even though considering the evidence submitted by the prosecutor in detail in the "2. Judgment" item among the "not guilty portion".

‘The Court determined that it was ‘.’

Even if the evidence duly adopted and investigated by the court below is re-examineed, the above judgment of the court below is deemed to be justifiable, and it is not determined that there was a mistake of fact affecting the judgment.

B. The instant crime of unfair sentencing amounts to 15 times in total, and the amount of damage therefrom is confirmed to exceed 1,430,000 won.

The crime at issue 1 to 9 is the object of the crime that the defendant was dismissed at the place where he was previously employed.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant seems to have been economically difficult to block the crime of this case.

The defendant made it clear that he does not want to be punished against the defendant by agreement with the victim mentioned in the crime sight table No. 10,11,13, 15.

The defendant has no past record of criminal punishment.

These circumstances are favorable to the defendant.

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