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(영문) 의정부지방법원 2015.12.15 2015노2471
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On September 4, 2014, prior to the occurrence of the instant case, the Defendant: (a) went to the dry field of the victim in order to kill and compromise the fact that he tried to steals from the head trees of the victim; and (b) there was no theft of the victim’s salves and salves.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. 1) Judgment on the assertion of mistake of facts can be found based on the evidence duly adopted and investigated by the court below, i.e., ① the victim consistently and specifically stated in the investigative agency and court of the court below that “the defendant deemed to have been placed in a vinyl bed, following the victim’s scam and lab weather in the dry field.” At the time of the instant case, the victim reported 112 and sent to the site by the police officer, etc., credibility of the victim’s statement. ② The defendant was sentenced to a fine of KRW 40,000 on September 4, 2014, which was before the instant case occurred, on the ground that he attempted to cut walths from the walk trees located in the dry field of the victim, and ③ the defendant went to the dry field of the victim and the victim to try to cut walths as seen above on the date of the instant case. However, considering the point of view (08:40) at the time and the place of the instant dry field, the Defendant’s argument is not acceptable.

B. Determination on the argument of unfair sentencing is acknowledged as follows: (i) the Defendant is aged and the value of the instant damaged product is not much high; (ii) however, the Defendant attempted to steal the head of the victim immediately before the instant crime was committed; (iii) however, the Defendant inflicted considerable mental damage on the victim due to the nature of the instant crime; and (iv) the victim did not agree with the victim; and (v) the victim did not agree with the victim.

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