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(영문) 서울고등법원 2014.02.07 2013노3418
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (legal scenarios, misunderstanding of facts) and the defendant has made a confession at an investigative agency by deception of the police, and the court below also made a false statement that a public defender has made a confession regardless of the will of the defendant and has not been Voluntary, and the defendant has not committed the crime of habitual larceny of this case.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant was investigated by the prosecutor, and finally led to the confession of the crime of habitual larceny; ② the prosecutor prosecuted the defendant for the crime of habitual larceny; ② the defendant was led to the confession of the guilty part of the court below and denied the remaining one of the crimes of habitual larceny; and the defendant's assertion and attitude in the court below as to the crime of habitual larceny was withdrawn through the examination of evidence; and the defendant's confessions by the prosecutor and the court below as to the crime of this case were all voluntary confessions, and there were supporting evidence for the confessions, so long as there were no errors in the misapprehension of legal principles as to the voluntariness of confessions as alleged by the defendant, or in the misapprehension of legal principles as to mistake of facts, as otherwise alleged by the defendant, the above assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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