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(영문) 서울고등법원 2014.03.14 2013노3779
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. On June 22, 2013, at around 12:28, the public prosecutor (the part not guilty in the grounds) deemed that the Defendant attempted the crime even if the Defendant deducted seven bags of 1050,000 won from the sum to be delivered to the Mixed Victim F, and recognized the fact that he stolen, and the lower court acquitted the Defendant of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. On June 22, 2013, the lower court determined that: (a) the Defendant habitually fell under this part of the facts charged; (b) around 12:28 June 2, 2013, the Defendant used the gap in the second floor of “E” wedding hall in Jongno-gu Seoul Metropolitan Government “E” with his name in which the recipient of stables has distributed his attention; (c) deducted seven stable bags in total from the payment stand of stables, which amount to KRW 1,50,000,000, in collaboration with the above name in order to cut off KRW 1,550,00 in cash owned by the victim F. The lower court determined that: (a) the Defendant’s putting them in two-wheeled money was an empty bag, and that the Defendant had no possibility of receiving the said bags in total, and that there was no possibility that the Defendant’s 7-style bags would have been kept in the front cover.

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