logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.06.12 2017노455
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (the 2016 highest 4943 highest thief) The Defendant discovered the victim who was a drunk, and tried to help the victim, and reported to the police by citing the victim’s cell phone in the intent to assist the victim, and did not steals two credit cards contained in the victim’s cell phone and cell phone case.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court as to the assertion of misunderstanding of facts, the fact that the Defendant stolen the credit card in the victim’s cell phone and mobile phone case, which was drunk, can be acknowledged.

Therefore, the defendant and his defense counsel cannot be accepted.

① In the investigative agency and the court of the court below, the J used the cell phone of the victim on the floor of the victim as follows: “The defendant was able to live in the surrounding people and get off the cell phone of the victim.”

The police confirmed the situation that the defendant was different from his own, and the defendant laid his credit card on the floor.

The Defendant stated to the effect that the Defendant was “at the time, Qua from the judicial police officer arrested the Defendant,” in this Court, “The Defendant moved to the Defendant by the J report, and the Defendant was hiding his cell phone to the body of another hand, and was on the defective bottom in order to verify hidden things. The Defendant was a credit card that entered the victim’s cell phone case.

“The statement was made to the effect that it was “.”

In light of the above statements, the defendant found the victim's cell phone case with a credit card and tried to conceal it separately while checking the victim's cell phone, and the J observed this form.

arrow