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(영문) 서울중앙지방법원 2019.06.13 2018노4021
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the attached list of crimes.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and his/her defense counsel filed an appeal on the grounds of unfair sentencing on January 31, 2019, when the Defendant submitted the statement of grounds for appeal and the submission of the defense counsel on February 8, 2019, on the date of the first trial of the court of first instance.

After that, during the third trial of the trial, the defense counsel argued that there is no supporting evidence other than confession.

This assertion is not a legitimate ground for appeal that was filed after the appellate brief was not timely (Article 364(2) of the Criminal Procedure Act). It is examined ex officio (Article 364(2) of the Criminal Procedure Act). Of the facts charged in this case, there is no evidence of reinforcement in addition to the confession of the defendant, and there is no error of misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. From August 18, 2018, the Defendant’s summary of the facts charged in the attached Form No. 15 to 18 of the List of Offenses

9.3. Of the new walls, the victim’s golf banks were stolen, as indicated in the [Attachment 15-18] No. 15-18 per annum of the list of crimes committed against the victim, by opening a door that was parked in the parking lot between the Gangnam-gu Seoul Gangnam-gu B apartment ARdong and the ASdong, and bringing the victim’s name unclaimed victim’s name and unclaimed victim’s name and one room in the prices unclaimed golf.

B. In a case where the confession of a defendant is the only evidence unfavorable to the defendant, it cannot be admitted as evidence of guilt. Thus, in a case where the defendant was found guilty on the basis of the confession of the defendant without any supporting evidence, it shall be deemed that there was an error of law that affected the conclusion of the judgment (see, e.g., Supreme Court Decision 2007Do7835, Nov. 29, 2007). Reinforcement evidence of confession can be recognized in whole or in part.

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