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(영문) 대구지방법원 2016.08.24 2015노5294
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was guilty of the facts charged in this case, even though he did not have lost the number of times, theft of capital, and thus, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Comprehensively taking account of the evidence duly admitted and examined by the lower court, the Defendant, at the victim D store in Daegu-gu, Daegu-gu, Daegu-gu, Inc., Ltd., Ltd., the Defendant: (a) opened a package of the victim-owned land equivalent to KRW 3,000 of the market price of the victim, which was displayed at the victim D store in the first floor, by taking advantage of the gaps where the employees’ surveillance was neglected; (b) put the victim-owned land into the plastic paper prepared in advance after opening the package; (c) put the shape of the 1st place in the shape of the victim-owned land; and (d) loaded the plastic paper into the handk and stolen it.

5. From 10:09 around the same month, he/she takes and steals them with the same method as a capital reduction of at least two bars equivalent to the market price of 5,000 won, which is owned by the victim at the same place.

8. At around 10:55, the defendant's assertion is without merit, since it can be sufficiently recognized that the theft was committed with the same method as the reduction of capital equivalent to 5,000 won at the market price of the victim at the same place.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 329 of the Criminal Procedure Act on the ground that the Defendant’s appeal is dismissed under Article 364(1)2 of the Criminal Procedure Act on the ground that the Defendant’s appeal is a clerical error in the column of crime No. 1 and 329 of the Criminal Procedure Act on the grounds that “Article 329 of the Criminal Act” was added to “Article 329 of the Criminal Act on the criminal facts for which the statute is applicable,” and “Article 70 of the Criminal Act on the grounds that it is apparent that the ex officio correction, deletion and addition are made under Article 25(1) of the Regulations on the Criminal Procedure.”

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