(영문) 인천지방법원 2016.12.21 2016노4405 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.12.21 2016노4405

절도등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one year of imprisonment and confiscation) imposed by the court below on the defendant is too unreasonable.

B. On March 30, 2016, the prosecutor (misunderstanding of facts as to the acquittal portion) found guilty by the lower court and the method of larceny are identical to each other, and the time and place of occurrence are also adjacent to the time and place of occurrence, and the satisfaction discovered at the site is the same as the pattern of the sports composition discovered in the Defendant’s residence, so there is little possibility for other persons than the Defendant to be a criminal.

2. Determination

A. We examine the prosecutor's assertion of mistake of facts as to the non-guilty portion. The court below found the defendant not guilty on March 30, 2016 on the ground that it is difficult to view that the defendant committed a larceny at an underground parking lot located in Yeonsu-gu Incheon Metropolitan City T apartment on the ground that it was hard to view that the defendant committed a larceny at the same ground of appeal on March 30, 2016. The court below affirmed the following circumstances, which are acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant consistently stated that he did not commit the larceny from the investigation stage, i.e., the defendant did not commit the crime of larceny from the investigation stage, ii there was no witness of the defendant at the above date and place, and there is no CCTV image recorded by the defendant (Evidence No. 37, No. 38 of the evidence record of the case No. 2016Da4905), and iii) the above apartment security guards' statement "in addition to the evidence of the case No. 39.

Therefore, prosecutor's assertion is without merit.

B. As to the Defendant’s assertion of unfair sentencing, there is no change of circumstances to consider the sentencing after the lower judgment, and considering the sentencing conditions expressed in the records and arguments of this case.

유사 판례

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