(영문) 의정부지방법원 2020.04.23 2019노3662

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자간(%)

(영문) 의정부지방법원 2020.04.23 2019노3662

특수절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (the part not guilty; hereinafter “instant criminal facts”): In light of the CCTV images submitted and the previous criminal law of the Defendant, etc., the lower court found all of the instant criminal facts guilty, but acquitted the Defendant by misunderstanding the facts.

(b) Sentencing (one year in prison).

2. (1) First, we examine the lower court’s litigation procedures.

At the lower court, the prosecutor submitted video CDs in which the screen taken from CCTV installed at the place of each crime was stored as evidence of the facts charged.

In such cases, the court below should examine and determine CDs containing evidence video in open court.

However, there is no indication that the trial records of the court below contain such examination of evidence.

Therefore, the judgment of the court below is erroneous in finding the defendant not guilty of the facts charged without legitimate examination of digital evidence.

(2) Next, we examine whether there is proof of this part of the facts charged.

However, according to the following circumstances, the court below can fully recognize the fact that the defendant committed each crime, according to the evidence duly examined and adopted by the court below and the result of further examination of evidence conducted by the court.

Therefore, the judgment of the court below which acquitted the defendant on this part is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

(1) The face of the defendant is satisfying, the defendant's attachment, and satisfy, of an offender taken at the scene of the crime in this case.

The Defendant, when he was arrested, was placed in a musta, and the face of a musta, was somewhat sacriffyed. At the time of arrest, the Defendant saccined the tensions and tensions into the two arms. There were a lot of CA110s that the Defendant did not have any number plates.

(Evidence Records No. 279, 280, 294). A criminal shall be a criminal in CCTV images of a Rabbon.

유사 판례

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-서울남부지방법원 2018.04.20 2017노67

-서울서부지방법원 2014.07.03 2014노127

-대구지방법원 2017.01.20 2015노55