logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.25 2016노2099
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts (related to Defendant 1’s crime No. 1 as indicated in the judgment of the court below) that, at the time of the instant crime, the Defendant stolen Samsung Emart North Korea and three pantyty pantys for women, but there is no fact that the Defendant stolen precious metal, such as Damond, gold hings, and ymnas, as indicated in the judgment of the court below.

2) The Defendant, who was a woman-friendly victim, was notified of a unilateral objection from the victim D, was unable to complete night duty and was driving for more than two hours and was unable to voluntarily control the Audno and explosive appraisal, and committed the instant crime. The Defendant was in a state of mental and physical loss or mental weakness, and was in a state of mental and physical weakness.

3) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court’s determination as to the assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the details of each precious metal purchase, storage method, wearing condition, etc. of each precious metal as indicated in the judgment by the victim D, and ② According to the on-site identification report on the above crime (Evidence No. 11 of the evidence record), the following facts are stated as follows: (a) the credibility of the statement can be recognized; and (b) according to the on-site identification report on the above crime (Evidence No. 11 of the evidence record), “the condition that two damaged goods were stolen was kept in a state before they were damaged; (b) the Defendant was dead with the said victim, and thus, was deemed to have been aware of the structure of the house or precious metal and the place of storage thereof in advance; and (c) the Defendant was punished only for a larceny with a view to meeting his sexual desire, but not for property benefits.

arrow