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(영문) 서울서부지방법원 2019.01.10 2018노1275
절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the Defendant did not have committed a theft of the victim’s handbag.

B. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. The Defendant asserted that the CCTV images submitted as evidence in the instant case are the victims of sexual intercourse with his/her own relative J and his/her own female friendly job offers who work in the main point of “C”, and he/she was arrested by the police while drinking alcohol at the nearby “F” point of “F” when the instant case occurred, and thus, he/she is not the offender.

In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court, the Defendant’s assertion is not acceptable, since it can be recognized that the Defendant intended to steal the victim’s handbag, such as CCTV images.

(1) On May 12, 2018, 08:55 on May 12, 2018, black images displayed in the road CCTV images prior to the “C” main point of the instant crime, are similar to the Defendant, and light string strings, and thus, the Defendant was arrested.

Dor CCTV images include the road on the victim, and the criminal tried to pass by the victim later appears to be able to write down the clothes of the victim and handbags with perfect force, and the victim would not take them back. The two persons appear to be in a relationship that does not seem to be either to teach one another or to know well, but rather, to be in a relationship that does not know at all.

Referencely, the victim was released from the victim's friend and witness by the victim, and the criminal did not appear until he was arrested by entering the "C" as the main point of "C".

Victims and witnesses stated that the defendant is the criminal.

x. the victim.

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