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(영문) 대구지방법원 2017.09.15 2017노776
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Although the Defendant did not have stolen the Nompt North Korea, the lower court convicted him of the charges of this case, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. The witness D of the lower court made a concrete and consistent statement on the grounds that he was found to be the North Korea of this case from the Defendant.

D The office of the defendant entered 3 times in total for repair and there is a letter that the defendant directly visited the service center.

In addition, it is difficult to understand without direct experience, such as the number of houses living by the defendant, the physical strength of the defendant, the health condition of the defendant's father, etc. when the defendant has taken repair work, including the failure of the Nowon-gu's office requested to repair and the details of repair and counseling thereon.

In doing so, the Defendant does not present any probable trend as to the reasons on which the name of the Defendant and the cell phone number are indicated in the Nopt A/S receipt of this case.

In addition, if the evidence duly adopted and examined by the court below is examined in detail, the defendant can fully recognize the fact that the defendant committed the theft with one bank consisting of the victim's one in the Nowon-gu in this case, as stated in the judgment of the court below.

Therefore, the judgment of the court below guilty of the facts charged in this case is just and it is erroneous in the misapprehension of facts and the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

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

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