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(영문) 서울남부지방법원 2020.06.02 2019노123
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the fact-finding) evidence, the lower court did not recognize the Defendant’s intent to obtain unlawful acquisition, but did not err by mistake of facts.

2. The lower court determined that it is difficult to view that the Defendant had an intention to obtain unlawful acquisition of the instant vehicle, and there was no other evidence to acknowledge the circumstances and facts admitted by the evidence.

In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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