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(영문) 인천지방법원 2014.05.16 2013노3937
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in this case is merely a fact that the defendant gets a handbag from the victim, such as the facts charged in this case. However, there was no intention to steal the handbag, and there was no intention to do so.

2. The judgment of the court below is based on the evidence duly adopted and examined as follows: (i) the Defendant was under the influence of the Handbag in the third floor of the 3rd floor of the DB club building, and (ii) the Defendant was in front of the third floor elevator for access to the Handbag in the case where the Defendant was a witness of the Handbag; and (iii) the Defendant was taking the handbag in the case to find the Handbag in order to find the Handbag; but (iv) the Defendant was said to have brought about the Handbag in the case where the victim was a witness and tried to find the Handphone at the time of the witness; and there was no other action to find the Handbag in the case before the Defendant was witness, and it is reasonable to deem the Defendant to have taken the Handbag in the case.

Therefore, the defendant's assertion of mistake is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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