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(영문) 서울중앙지방법원 2019.03.28 2018노3099
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles are not KRW 50 million but KRW 300 million remaining in a bridge for travel at the time of theft.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court also rejected the Defendant’s assertion of misunderstanding of facts and misapprehension of legal doctrine as to the same ground of appeal as that of this part.

The reasoning of the lower court's rejection is as follows: ① receipt of KRW 50 million in cash from the Defendant's seat at H with KRW 50,000,000,000 for travel, and storage of the same as it is, ② It is not possible to find out any studio that a third party, including C, took part of the above money in advance or took it out while keeping cash in the original room; ③ It was confirmed on February 13, 2018 that the cash returned to B at the time of receiving the return of the new wall or cash was returned to B, and then, the Defendant was informed of KRW 210,000,000,00 from C, and the Defendant was ordered to take account of the circumstances leading up to the Defendant's use of cash, and the circumstances leading up to the Defendant's allegation that there was no possibility that the Defendant would have suffered damages from cash at the time of the Defendant's statement and other evidence duly acknowledged.

Therefore, the defendant's above assertion.

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