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(영문) 부산고등법원 (창원) 2020.06.24 2020노16
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

B. According to the evidence duly adopted and examined by the court below, it is sufficiently recognized that the defendant stolen two bags containing a total of 630,000 won in cash owned by the victim C around August 8, 2019. Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment. 2) The sentence imposed by the court below on the defendant of unreasonable sentencing is too uneasible and unreasonable.

Judgment

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it was difficult to recognize that the Defendant stolen two bags containing a total of KRW 630,000 in cash owned by the victim while sufficiently explaining the grounds for the judgment on the prosecutor’s assertion of mistake of facts.

The court below acknowledged the following circumstances based on the evidence duly adopted and investigated by the court below, i.e., ① theft of precious metal at the date and time indicated in the annexed list No. 1 in the judgment of the court below, but the defendant consistently asserted that there was no theft of two above bags; ② there is no evidence to prove that the defendant stolen two bags except the victim's statement that two bags were stolen; ③ the victim was stolen with one gold cover, one gold cover, one gold cover, one gold cover, one gold cover, one gold cover, and two bags composed of 630,000 won in cash. However, the defendant's transaction account books of gold bags sold precious metal, which were entered in the annexed list No. 1 in the judgment of the court below, were stolen, but there is no reasonable doubt as to this part of the facts charged.

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