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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2014.09.19 2014노693
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was merely unable to calculate only the goods contained in the shopping car, among the goods sold by the shopping car because of a 24-hour ex post facto gift at the time immediately preceding the date of entering the two-four-hour point of Korea, due to mental and physical difficulty, and did not intend to commit larceny; however, the lower court erred by misapprehending the fact and finding the Defendant guilty of larceny.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the records, the following circumstances are revealed. ① Items stated in the facts charged as thefted by the defendant were first put in shopping bags when the defendant first put in shopping bags, and they were placed in shopping bags immediately, but the first put in the shopping bags when the defendant saw the store and left the shopping bags again in a single place. ② The witness B, who is an employee of the co-crymp store, continues to put in the shopping bags for ordinary general public's hand, without any distinction. The defendant continued to put in the shopping bags because they continued to put in the shopping bags only in the hands, and the defendant was not suspected of being placed in the shopping bags, and the defendant's statement that he did not put in the shopping bags at a discount other than the 6th witness's statement when the defendant made the statement that he had been placed in the shopping bags.

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