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(영문) 인천지방법원 2020.09.11 2020노828
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant merely cited the instant mobile phone with a misunderstanding of facts or misunderstanding of legal principles and did not bring the said mobile phone to an intention of illegal acquisition, and thus, the Defendant is not subject to larceny.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The Defendant alleged the same purport as the grounds for appeal in the lower court’s judgment, and the lower court rejected the above assertion and convicted the Defendant of the facts charged in this case, while explaining detailed circumstances as indicated in its reasoning.

In light of the above, the court below's judgment is just and acceptable, and the defendant's allegation of erroneous determination or misapprehension of legal principles is not acceptable, since the court below's reasoning which is admitted by the evidence duly adopted and examined by the court below is closely compared to the records of this case.

B. We examine the judgment on the assertion of unfair sentencing, and there is no change of circumstances that may consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, the court below’s punishment is too unreasonable even if considering the circumstances alleged by the defendant as the grounds for appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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