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(영문) 광주지방법원 2018.12.19 2018노3025
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) while driving away from the office due to unfair dismissal from the injured party, the Defendant left away from the office; and (b) although there was no intent to obtain unlawful understanding from the accused, the lower court convicted the Defendant of the charges of this case; (c) the lower court erred by misunderstanding the facts of this case; (d) the lower court determined that there was an error in the misapprehension of the grounds for appeal as stated in the grounds for appeal (to the extent of supplement of reasons for appeal, etc. submitted after the lapse of the period for appeal). (e) The following circumstances, i.e., ① the head of the Center D of the injured party, which was lawfully adopted and investigated by the lower court from the investigative agency to the lower court, consistently stated to the purport that “The Defendant obtained a return of the victim’s work contract, which was kept in the personnel record file managed by the Defendant from the injured party, with only one copy of the written contract owned by the victim; and (e) the Defendant’s statement to the same purport that the Defendant could not have obtained consent from the victim’s own work contract.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so ordered.

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