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(영문) 서울북부지방법원 2017.12.15 2017노586
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was aware of the fact that he was abandoned, and the Defendant merely saw him as a thief, and did not have any intention to larceny.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted after examining the evidence duly admitted as to the assertion of mistake of fact, a dance performance was underway at the nearest location at the time when the room was located.

Although it appears that he was aware of the fact in the process of the public performance of delivery by the defendant, he did not confirm whether he was abandoned by the persons related to the public performance, etc.

At the time when the Defendant saw that she was frighten of weight that she was frighten in the door.

Although they leave the site without confirming the contents, etc., they leave the site.

statement.

Although there is a possibility that some of the leaflets might have been disturbed in the box which was on the wall, it is judged that it was organized by gathering unused leaflets.

The former is also related to the performance, and it was sufficiently known that the materials contained in the box are the overall public performance.

The decision is judged.

In addition, the lower court’s determination that recognized the Defendant’s intentional act of larceny is justifiable, comprehensively taking account of the details of the instant crime, the location of the bags and performance halls, the Defendant’s mobile route, the shape and content of the bags, and the following circumstances.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. Conclusion, Criminal Procedure Act.

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