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(영문) 인천지방법원 2013.12.19 2013노3265
절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged in this case, did not shoulder the left back of the vehicle owned by the victim, and did not steals cash, etc. in such a way, but did not err by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and thus, was in a state of mental disability or mental disability.

C. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① the victim D parked the instant vehicle owned by the victim on the alleyway at around 20:00 on December 26, 2012; ② the victim parked the vehicle as it is while driving the vehicle at around 12:00 on the 30th of the same month, and the victim attempted to drive the vehicle at around 12:0 on the 30th of the same month, and the back left left left of the vehicle, and it appears that the blood string was not found in the process of opening the blood string around the back of the vehicle; ③ as a result of analyzing the blood string of the Defendant’s blood, it was found that the Defendant’s cell phone was found to be difficult to drive the vehicle, ④ the location of the vehicle after the dispatch of the vehicle and the body of the Defendant’s cell phone at around 21:21, 2012.

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