logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2013.09.25 2013노867
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the defendant taken 10,00 won out of the clothes of the victim, the court below erred by misunderstanding the fact that the defendant was guilty, which affected the conclusion of the judgment, despite the fact that the defendant took out 10,00 won in the clothes of the victim, because he was aware of the defendant's clothes and took out money

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. We examine the argument of mistake of facts. The evidence legitimately adopted and examined by the court below and the following circumstances recognized by the court below. ① The victim and I, a police officer, who served in the F police box with the defendant, have installed smartphones at their own clothes to catch the criminal as they were stolen on several occasions from the wall box kept in their second floor staff room in the F police box. On October 11: 14, 2012, the defendant taken 10,000 won from the wall inside the victim's clothes. In light of the circumstances surrounding the installation of smartphones before the victim, the amount of the stolen money before the victim's clothes and the amount of money taken from the victim's clothes, etc., it is hard to see that the defendant's act was done differently from the victim's left clothes, and the defendant's act was carried out inside the victim's clothes at all times.

arrow