(영문) 부산지방법원 2019.06.21 2019노199 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.06.21 2019노199

절도

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The prosecutor's appeal is dismissed.

Reasons

1. The following circumstances revealed by the prosecutor’s evidence and the aforementioned evidence revealed by the prosecutor’s summary of the grounds for appeal: (a) the Defendant was interested in electronic devices so that there was a motive to steals F 15 U.S. E. Rot North Korea (hereinafter “the instant No. North Korea”); (b) the Defendant and the witness’s statements are inconsistent; (c) the Defendant’s gene was detected inside and outside the complex of the No.S. E. E., the Defendant’s oral detection device; and (d) the Defendant’s false response was found in the Defendant’s reply that there was no fact of theft of the instant No. North Korea as indicated in the facts charged, even if it could be recognized that the Defendant stolen the instant No. 15, as indicated in the facts charged, and thus, the lower court acquitted the Defendant of the instant facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. The summary of the facts charged is the three-year student of the visual design department at B University.

On September 25, 2017 - around 10:00 on September 27, 2017, the Defendant: (a) stolen the instant Nompt North Korea in an amount equivalent to KRW 2.3 million owned by the victim E, which was under the custody of the military unit located in the military unit located in Busan C (hereinafter “the major unit of this case”) of the building D (hereinafter “the major unit of this case”) from the bank.

B. The lower court determined that: (a) the Defendant consistently asserted from the investigative agency to the lower court’s judgment that there was no theft of the instant Not North Korea; (b) supported the Defendant’s statement from G and H investigative agency; and (c) the search and seizure result of the search and seizure of the Not North Korea and mobile phones owned by the Defendant at the investigative agency; and (b) there was no evidence to verify the Defendant’s theft of the instant Not North Korea, including photographs, details of transactions, text messages, etc. related to the instant Not North Korea, from the Not North Korea and mobile phones owned by

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