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(영문) 부산지방법원 2015.01.29 2014노4540
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. With respect to the larceny of July 29, 2014, the Defendant: (a) was under the influence of alcohol by the Defendant; (b) was able to report the appearance of the victim being divinged on the road; (c) brought about a wall that is far away from the victim; and (d) did not bring about a wall that was followed by the victim; and (c) did not bring about a wall that was followed by the bank; (d) the content was only 4,000 won in cash, 4,000 won in personal check card, 1 resident registration certificate, and 1 other cash, KB Bank CC card, and driver’s license.

Therefore, the facts charged are different from facts, and the defendant's act should be regarded as embezzlement of stolen property, not larceny.

B. The lower court’s imprisonment (one year and two months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

가. 피고인의 주장대로 이 사건 지갑이 술에 취해 잠들어 있는 피해자 옆에 놓여져 있었다고 하더라도, 이 사건 지갑은 피해자 바로 옆에 있었고, 피해자는 언제든지 잠에서 깰 수 있었던 상황이었던 점, 일반인이라면 누구라도 위 위치에 있는 지갑이 피해자의 지갑이라는 사정을 쉽게 알 수 있었을 것으로 보이는 점 등에 비추어 보면, 이 사건 지갑이 피해자의 의사에 반하여 피해자의 점유를 이탈하였다고 볼 수 없다.

Therefore, this part of the defendant's assertion of mistake is without merit.

B. Next, regarding the details of stolen objects, the Defendant himself/herself recognized the following facts: (a) cash 4,000 won in the victim’s wall wall; (b) he/she was in the victim’s wall; and (c) he/she was in the victim’s wall card; and (d) thefted by the resident registration certificate.

However, according to the records, the victim is aware of the loss of the KB National Bank Cze Card and applied for the suspension of use immediately, and the resident registration certificate and driver's license are stored in the wall as usual, and they were lost on the day of this case.

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