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(영문) 대구지방법원 2017.01.18 2016노3385
절도등
Text

The judgment below

The part of the case of the defendant is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the crime No. 1 and No. 2 in the judgment of the court below), the Defendant was guilty of this part of the facts charged, even though the victim did not have invaded on the victim’s residence or stolen visibility owned by using a key of the victim’s house security key, which was displayed at the knicker. The judgment of the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The court below rejected the above assertion in detail on the grounds for appeal of this case on the ground that the defendant alleged the same as the grounds for appeal of this case in the judgment of the court below. The court below stated that the above determination of the court below is not consistent with the evidence duly adopted and investigated by the court below and the court below. In other words, the victim stated that the defendant did not bring the cell phone charging device to the defendant, and that the victim did not bring the cell phone charging device to the defendant, it is hard to accept that the victim took the cell phone charging device, and that it was hard to readily accept that the defendant moved the vehicle at the place where the victim was damaged by another person from the investigation agency to the court of the court below.

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