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(영문) 부산지방법원 2018.04.06 2017노4628
절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the victim D’s statement and CCTV images, the court below rejected the credibility of each of the above evidence without reasonable grounds and acquitted the Defendant on the grounds that the part exceeding 10 miles of each of the above part of the facts charged was not guilty. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The above sentence committed by the lower court against the Defendant is too uneased and unfair.

2. Determination

A. The following facts are acknowledged based on the evidence duly adopted and examined by the lower court to determine the prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine, namely, the Defendant: (a) committed a theft of ten parts each time from the investigation stage to the investigation stage;

(2) A victim D was stolen on September 11, 201 at an investigative agency of KRW 100,000 on September 11, 2017.

In light of the fact that only the statement was made and there is no statement about the specific volume of the stolen uniform (which means 12 pages of evidence), ③ the victim D’s statement submitted to an investigation agency on September 12, 2017 (which means 44 pages of evidence records) and that the victim D was stolen at a level of 50,000 won on September 12, 2017; however, objective data verifying the quantity is not submitted; ④ the time required for the crime revealed through CCTV images; ④ the number of times the loss was collected to the hydroscopes, etc., the court below considered that it appears difficult for the Defendant to steals the uniform at one time, making it difficult for him to steals the uniform at a rate of 50,000,000 won.

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