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(영문) 의정부지방법원 2019.08.29 2018노2971
절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the summary of the grounds for appeal (deficial CCTV images) and the circumstances at the time, the lower court erred by misapprehending the facts and thereby acquitted the Defendant, even though it could have acknowledged that the Defendant had either intentionally or unlawfully obtained the victim’s walling and the cash involved therein.

2. The judgment of ex officio was made on the charge that " was stolen," and the last part of the facts charged, "the victim was returned to the victim after the acquisition or reported to the nearby police station and service personnel, etc., and embezzled the stolen object by taking necessary steps," and the name of the crime "thief" was "Embezzlement" and "the embezzlement of stolen objects" was applied for changes to "Article 329 of the Criminal Act" as "Article 360 (1) of the Criminal Act" and the applicable provisions were changed to "Article 360 (1) of the Criminal Act". Since this Court permitted this, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal since the prosecutor's ground for ex officio reversal exists, and the prosecutor's ground for appeal of mistake is about the facts charged before alteration, and the judgment below is

[The reason for the judgment in multiple times] A criminal history: (a) around 13:14 on May 10, 2018, the Defendant embezzled possession of the stolen objects by taking the following legitimate procedures: (b) around 525 U.S. dollars 1,600 between the victim B and the victim B on the left side of the Twit Twit-ro, and reporting it to the nearby police station and service personnel, etc., after acquiring one half-frame in cash, and returning it to the victim or reporting it to the nearest police station and service personnel.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Application of Acts and subordinate statutes to data on CCTV analysis to the Government;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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