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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.05.16 2014노580
특수절도
Text

All appeals filed against Defendant A by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The respective sentences (one year and three years of imprisonment with labor for Defendants A and two years) that the court below sentenced against the Defendants (as to the part of the court below's convictions, Defendant A and Defendant A) are too unreasonable.

B. As to the facts charged of special larceny against the public prosecutor (the defendant A's not guilty part of the lower court's judgment or incomplete deliberation) (hereinafter "victim"), the lower court erred by misapprehending the facts or failing to exhaust all necessary deliberations, and thereby acquitted the victim D (hereinafter "victim").

2. Determination

A. In full view of the following facts: (a) the prosecutor’s assertion of mistake of facts or incomplete hearing against the defendant A (hereinafter “the defendant”), there is a strong doubt that the criminal records of several methods identical to the facts charged are available to the defendant; (b) the criminal records of the first head prior to the judgment of the court below are the same as the facts charged in the instant case; (c) the prosecutor believed that the two persons who have not been designated as co-offenders and the defendant’s change in the indictment concerning the relationship with the defendant and the circumstances of the crime are contrary to the common sense; and (d) the special larceny act which was found guilty in the court below appears to be professional; and (e) the defendant committed a theft, such as the statement in the facts charged, jointly with two persons who have not been killed in the name of the defendant, at least two persons who have not been killed in the name of the victim, acquired them by transfer from them, or acquired them or acquired them from the lost victim.

However, there is no evidence to support the fact that the defendant and the above-mentioned persons in the name of the victim stolen the victim's release, etc., the victim drank alcohol until her friend (I) and the university take the alcohol, and the friend friend friend friend friend friend friend friend is moving the victim to the taxi at one hour prior to the case.

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