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(영문) 인천지방법원 2015.07.16 2015노454
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the consistent statement of misunderstanding of facts D's damage, the defendant's behavior at the time, and witness F's statement, the facts charged that the defendant stolen the amount of KRW 3.5 million in cash of D, the court below acquitted the defendant on this part. The court below erred in the misapprehension of facts.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unhued and unreasonable.

2. Determination

A. Of November 26, 2013, around 21:30, the summary of this part of the facts charged is as follows: (a) the Defendant: (b) on the premise that he wishes to take a job at the “E operation of the victim D” entertainment tavern located on the second floor of the building C in Jinju-si; (c) the victim took a theft with a cash of 3.5 million won owned by the victim in the knife where the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif kn

However, F appears to be present in this court as a witness, but it seems that the string of the strings at the time appeared to have been in the strings, but it is not clear that the strings have not brought cash, and the strings are the defendant, and the statements made in investigation agencies with different contents are made by hearing and drilling the words of D at the time. Thus, F's statements made in investigation agencies with contents of the facts charged are not reliable.

In addition, since the statement at D's investigative agency and this court is merely a full-time statement that heard the F's statement at the police and delivered it, as long as F, which is the original person making the statement at court, it is inadmissible or difficult to testify as stated above.

Therefore, this part of the facts charged is without proof of crime.

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