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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2014.04.04 2013노763
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to exchange merchandise coupons that the Defendant had intended to purchase the instant damaged goods, the head of the victim’s security team, who was waiting for a customer center, did not commit a theft of the damaged goods. As such, the Defendant did not steals the damaged goods.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. According to the testimony of the witness E of the court below as to the assertion of mistake of facts, the witness E continuously asked the defendant from the time when the defendant entered the underground store of this case. It is recognized that the defendant, who possesses shopping bags that store the damaged goods of this case, was waiting to open and wait for the customer center waiting to open up the customer center waiting to go up with the customer center immediately next to the customer center. The following circumstances acknowledged by the records of this case are as follows: since merchandise coupons are not exchanged in cash, it is difficult for the victim's customer center that issued merchandise coupons to change the face value of merchandise in cash as it is difficult to believe in light of ordinary common sense, and the defendant moved the damaged goods of this case to the customer center before entering the shopping room of this case, not the calculating party, and moved it to the customer center, and the defendant's assertion that the above damaged goods should be changed into the defendant's intent to use the merchandise coupon as a whole, and thus, it is not necessary to acknowledge the change of the defendant's intent to use the merchandise as a whole.

3. The Defendant did not have a criminal record on the assertion of unfair sentencing, and the fact that the value of the damaged product of this case is relatively minor is favorable to the Defendant.

However, the defendant committed the crime of this case.

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