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(영문) 의정부지방법원 2013.11.28 2013노2136
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant

A, five years of imprisonment,

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants (1) misunderstanding of facts (Defendant A): There is no fact of larceny, such as facts constituting a crime in the judgment below.

(2) The grounds of appeal and the first trial on the grounds of unfair sentencing (in the case of Defendant A, the grounds of appeal and the first trial on the grounds of appeal prepared by the Defendant, and on the grounds of appeal submitted by the Defendant’s public defender, the Defendant made a prior decision on the grounds of unfair sentencing as the grounds of appeal on the grounds of unfair sentencing on the grounds of the grounds of appeal submitted by the Defendant A’s public defender, and the Defendant A made a prior decision on the grounds of unfair sentencing on the grounds of the grounds of appeal on the grounds of unfair sentencing on the grounds of the grounds of appeal on the grounds of unfair sentencing on the grounds of which the Defendant’s public defender submitted by the public defender, respectively.)

B. The lower court’s sentence (five years and six months of imprisonment) against Defendant A is too unhued and unreasonable for the prosecutor (as to Defendant A).

2. Determination:

A. As to Defendant A’s assertion of mistake of facts, the lower court: (a) consistent with Defendant C, B’s statement on the process of conspiracy of larceny among the Defendants; and (b) partially contradictory or inaccurate statement on the date, time, time, and method of the commission of each crime as indicated in the judgment of the lower court was made; however, in addition to the crime as indicated by the Defendants, it is difficult to accurately state all the date, time, and method of the commission of the crime; (c) all the aforementioned Defendants made a concrete and consistent statement on key matters such as the process of conspiracy of the commission of the crime; (d) CCTV and other physical evidence, such as CCTV taken the scene of the commission of the crime; and (e) the motive for the rest of the Defendants other than Defendant A to mislead the Defendant A; and (e) it is difficult to find any motive for the rest of the Defendants, other than Defendant A, to make a false statement.

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