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(영문) 광주지방법원 2019.01.16 2018노1667
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal, the victim and F’s statement revealed that the victim was on the seat of the victim at the time of leaving the PC, and the Defendant could have stolen it. However, the judgment of the court below that acquitted the Defendant of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding it.

2. The lower court found the Defendant not guilty of the instant facts charged on the grounds that the Defendant was insufficient to recognize that the Defendant stolen the victim’s wallet, and that there was no other evidence to acknowledge the theft.

On the other hand, even if the court below's statement was added to the witness F and D's statement of the witness F and D in the evidence duly adopted and investigated by the court below, the above judgment of the court below is justified, and there is no error of law of mistake of facts as alleged by the

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

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