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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2015.09.24 2015노3100
상습특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (as to paragraph (1) of Article 1 of the original judgment), the Defendant did not have committed each larceny in collaboration with C.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The lower court’s sentence (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., C from an investigative agency to the court of the lower court, and jointly with the Defendant.

In particular, at an investigative agency, it made a detailed statement about the location, internal structure of the place of the crime, the conversation with the Defendant at the time of the crime, the method of the crime, the order of the crime, the stolen goods, etc. as stated in paragraph (1) (hereinafter “each of the instant crimes”), and ② at the investigative agency, S knew at the investigation agency that C, as at the time when C went to her gender, it was living in her Kimcheon and Sungcheon, the Defendant, together with the Defendant at the time of her residence in her Kimcheon, and when C was detained in 2010, C went to her meeting because C was well-known and mixed with the Defendant at the time of her meeting.

In light of the fact that S made a statement that there was no reason to make a false statement to C in favor of C in view of the fact that she had come between C and C at the time of the said statement, and expressed his/her intention to urge C to give notice of contact information, ③ the Defendant argued that there was little little time to make a false statement as it is not good between C and April 2010 including the period of the instant crime and June 2010, and there was no drinking, and that he/she concentrated only on F and human ter work, but at the investigative agency and the court of the court of the lower trial, she was she together with C around May 2010 with the Defendant.

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