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(영문) 서울북부지방법원 2017.10.19 2017노1015
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged of this case even though the defendant did not have the intention of theft to steals the victim's bags, etc., which affected the conclusion of the judgment by misunderstanding the facts.

B. The punishment sentenced by the lower court against the Defendant (200,000 won) is too unreasonable.

2. Judgment on the grounds for appeal

A. We examine the argument of mistake of facts. However, in light of the defendant's attitude at the time of the instant case, which can be seen through the evidence duly adopted and examined by the court below, the defendant had the intention of theft, at least, in light of the defendant's behavior, at least the defendant's willful misconduct, in light of the situation within the former vehicle at the time of the instant case, where the victim was seated, the location where the defendant was seated, and the defendant's actions.

The decision is judged.

Therefore, the defendant's assertion of mistake is rejected.

B. Examining the following circumstances: (a) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment, such as that the Defendant still did not agree with the victim on the unfair argument of sentencing; and (b) other various circumstances that are conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is determined within a reasonable and appropriate scope, and thus, is not deemed unfair

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

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