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(영문) 울산지방법원 2019.10.10 2019노803
절도등
Text

The defendant's appeal is dismissed.

The defendant pays 499,500 won to the FD, who is an applicant for compensation.

3.2

Reasons

1. Summary of grounds for appeal;

A. Error of facts (the point of a larceny teacher in the case of 2019Da405) is not a mistake of facts (the point of a larceny teacher in the case of 2019Da405) that the defendant instigated the defendant, and according to the direction of the defendant, the defendant stolen money and valuables such as the victim BU of this case.

When the defendant transferred the core chips, etc. that he stolen as the teacher of the BR to the BR, the BR purchased merchandise coupons, etc. through small payment.

B. The Defendant was at the third degree of intellectual disability, and the Defendant was at the time of each of the instant crimes, which lacks the ability to discern things or make decisions.

C. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts (the point of a theft teacher among the cases of 2019Dadan405) was duly adopted and examined by the court below. The following facts or circumstances, i.e., the CCTV images installed in the BTS located in Busan Northern District BS located in BS located in the location of the theft of this case, ii) evidence list No. 2 (Attachment: 2019No. 405) (Attachment: ctv) of evidence list (2) of the defendant stated that a person who was recorded immediately after the closure photographs of the above video is BR and the defendant stated that the defendant was stolen the cell phone core chips, etc. from the swimming cell room at the time of the defendant's request of the investigation agency, and that the defendant was unable to receive the victim's mobile phone chips by consistently dividing the amount of money from the victim's cell chips at the investigation agency (the victim's mobile phone chips at the time of investigation agency's request of the victim's cell chips at the time of this case.

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