(영문) 춘천지방법원 2018.09.21 2018노614 | 리걸엔진

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(영문) 춘천지방법원 2018.09.21 2018노614

특수절도

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) There was no fact that the Defendant, as stated in the facts charged, destroyed the entrance doors of each structure and stolen goods.

2) The sentence sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In full view of the following facts and circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant can be recognized as having stolen the property owned by the victims by destroying the container site entrance managed by each victims, as stated in the facts charged.

The defendant's assertion of mistake is not accepted.

① According to the relevant investigation report, including field photographs and CCTV image data, the Defendant driven F Coke-do vehicle and proceeded to the screen site of the instant crime site through MaiIC around September 7, 2017. Around that time, the Defendant parked on one side of the road that did not fall short of the scene of the crime site; (b) the instant suspect who worn her mother and Make-kke around 21:23 on the same day, her go to the direction of the crime site; (c) around 21:32 on the same day; (d) the suspect who caused the occurrence of the occurrence of the crime in the instant case was her car color; (d) the suspect returned to the direction of the said Ccoke-do vehicle parked around September 0:05, 201; and (e) the above Cco-do vehicle was parked on the front of the instant crime site at around 00:08 on the same day; and (e) the suspect stopped from 0:10 on the same door to 00 on the same day.14 on the same day.

② The Defendant resides in Ansan-si, and the instant crime was committed at a construction site of the principal city with no particular relationship with the Defendant, and the Defendant was driving the instant crime to the principal week in the course of the examination of the lower court.

유사 판례

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-서울중앙지방법원 2017.09.15 2017노2229

-수원지방법원 안산지원 2015.05.27 2015고단325