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(영문) 서울남부지방법원 2012.11.01 2012노1252
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) was merely 18 copies of the check indicated in the facts charged (hereinafter “each of the instant checks”) at the entrance, while cleaning the C church in which the Defendant was working as a street cleaners, and did not theft.

2. The judgment of the court below is based on the following facts revealed by the evidence duly adopted and investigated by the court below: ① each of the checks of this case is the contribution that D was placed in the new library of the above church, and there is a very low possibility that each of the checks will be left in the church entrance as argued by the defendant; ② Rather, in light of the fact that there is no lock for the above contribution, anyone can open the above contribution and take the contribution out, it is highly likely that any of the above contribution would take out if the contribution was made, and ③ the defendant deposited 10 copies of each of the above checks into his national bank account and 7 copies of each of the above checks on the day when D was donated with each of the checks of this case, and used the remaining one, and ④ the defendant's assertion that each of the checks of this case, which is the amount of each of the above orders of this case on February 19, 2012, cannot be acknowledged in the name of the above church establishment.

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

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