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(영문) 서울중앙지방법원 2019.09.20 2019노1040
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) states clearly that the victim was 42,00 won in cash within the wall, and that the victim was aware of and confirmed the damage, and that the victim was 2,000 won in full. Since the statement is credibility, the defendant can recognize the fact that he stolen the money of the victim.

Nevertheless, the lower court found the Defendant not guilty of the facts charged of the instant case.

2. The lower court determined, on the grounds indicated in its reasoning, that the evidence submitted by the prosecutor alone constituted KRW 40,00,00 in cash within the victim’s wallets cannot be deemed as having been proven without reasonable doubt, and there is no evidence to prove otherwise.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below seems to be justifiable, and there is no error of misconception of facts as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

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

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