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(영문) 청주지방법원 2018.10.04 2018노633
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles as to the theft of KRW 50,000 in cash against the victim I, and the investigation report stating the victim's statement of Z (the fact that the victim's work and the victim's cell phone and small cash became nonexistent due to his house) which is the victim's land, the court below acquitted the victim of this part of the charges on the ground that there was no proof of the crime, which affected the conclusion of the judgment.

B) The Defendant made a confession that the Defendant stolen 10,000 won and 50,000 won in cash as well as 500,000 won in cash owned by the said victim on two occasions, while the victim made a statement to the effect that 50,000 won in cash was stolen. However, the victim’s statement to the effect that 50,000 won in cash was stolen may be proven as evidence for reinforcement of the Defendant’s confession as to the 500,000 won in cash, as well as for the remainder of 30,000 won in tobacco and 10,000 pieces in tobacco.

It is reasonable to view it.

Nevertheless, the judgment of the court below not guilty of this part of the facts charged on the grounds that there is no evidence of reinforcement with respect to the theft of 30,000 won and 10 million won of tobacco, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year of imprisonment) is too uneased and unfair.

B. The above sentence sentenced by the court below is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the fact about the victim I's cash theft of KRW 50,00 in cash.

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