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(영문) 서울중앙지방법원 2019.09.20 2019노633
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. As to ① the larceny of paragraph (1) of the judgment of the court below, such as misconception of facts, the Defendant did not have stolen one of the 800,000,000 won other than that (917 model), and only steals one of the tyrology dyrology dyrology dyrology dyrology dyr (913 model).

Although the defendant led to the confession of this part of the larceny in the court below, there is no evidence to reinforce the confession as well as objective facts, and thus, the defendant should be pronounced not guilty of the larceny.

② With regard to the larceny under paragraph (4) of the holding of the court below, since the facts charged are not specified, such as stating only the “victim’s nameless white benz vehicle” as stated in the facts charged, and the indictment procedure is null and void in violation of the provisions of law, this part of the indictment procedure should be dismissed. Even if it is not so, the evidence regarding the larceny is the only evidence of confession at the court below, and thus, it cannot be admitted as evidence of guilt.

Nevertheless, the judgment of the court below which convicted of the larceny of paragraphs 1 and 4 of the decision of the court below is erroneous, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The credibility of a confession cannot be said to be doubtful solely on the grounds that the confession in the investigation agency of the defendant and the court of first instance in the judgment on the larceny of Paragraph (1) of the judgment of the court below differs from the statement in the appellate court. In determining the credibility of a confession, the credibility of the confession shall be determined in light of the following: (a) whether the contents of the confession are objectively rational; (b) what is the motive or reason for the confession; (c) what is the motive or reason for the confession; (d) what is the circumstance leading up to the confession; and (e) what does not conflict with or conflict with the confession among other evidence than the confession.

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