(영문) 제주지방법원 2012.11.01 2012노303 | 리걸엔진

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(영문) 제주지방법원 2012.11.01 2012노303

특수절도등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year and a fine of 300,000 won.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit the theft of the attached list Nos. 1 through 8 in collaboration with E and K, the judgment of the court below which found the Defendant guilty of the above criminal facts on the ground of the testimony of the court below by E and K with no credibility, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment, and fine of 300,000 won) is too unreasonable.

2. Determination

A. Unlike the confession of the general defendant as to the assertion of mistake of facts, the confession of an accomplice, unlike the confession of the defendant, is favorable to the person who made the statement, so it cannot be easily recognized as credibility such as a simple confession. However, in this case, K recognizes the principal role of the crime, and the content of the statement is merely the fact that the defendant took part in the passive crime without active action, and it is difficult for K to find the reason for the defendant to make a false statement. However, in light of the fact that K and E specifically state the motive, object and method of the crime, method of the crime, content of the crime, circumstance before and after the crime, etc. as well as the fact that the important contents of the statement coincide with the defendant, K and E's statements can be recognized as credibility.

Ultimately, considering the evidence duly adopted and examined by the court below in light of the records, the court below's judgment which convicted the defendant on the ground that there is evidence of a crime regarding the theft act listed in Nos. 1 through 8 of the annexed crime list Nos. 8 of the judgment of the court below among the facts charged against the defendant cannot be deemed to be erroneous

B. The criminal records of the Defendant, who was sentenced two times the suspension of the execution of imprisonment with labor due to one fine or two times of special larceny, as a result of the judgment on the assertion of unfair sentencing.

유사 판례

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