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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2013.03.28 2013노178
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The court below erred by misapprehending the legal principles as to the theft of a victim E, which found the Defendant to have stolen a victim’s wallet because of misconception of facts (a thief).

(Defense Counsel only claimed unfair sentencing in the trial, but also stated the above mistake of facts in the statement of grounds of appeal directly prepared by the defendant.

The punishment of unfair sentencing (one year and six months of imprisonment) of the judgment of the court below is too unreasonable.

2. Determination on the grounds for appeal

A. Circumstances acknowledged by the evidence duly investigated and admitted by the court below as to the assertion of mistake of facts, i.e., the defendant stated that "it was difficult for the defendant to obtain the entrance of the manpower office (20 to 22, and 26 pages of investigation records), and that "it was hard for the defendant to have a gate gate, which was set up on the window gate in the stairs that were set up on the first floor (74, 75 pages of investigation records), and that it was hard for the defendant to have a gate gate on the date of the victim's statement that it was impossible for the victim to have a gate gate on the second floor to have a 3th floor from the wall gate outside the manpower office (84 pages of investigation records), and that it was hard for the defendant to have a gate gate gate on the second floor to have a 3rd floor from the date of the victim's statement that it was impossible for the victim to have a gate gate on the second floor, and that it was hard for the victim to have been aware of the 3th floor.

Therefore, according to the victim E's statement, the defendant was on the part of the human resources office.

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