logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.10.26 2017노769
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor (misunderstanding of the facts), the Defendant brought about the instant accident without the consent of the complainant even though his de facto marital relationship with the complainant was terminated at the time of the instant case, and the Defendant’s criminal intent or intent of unlawful acquisition may also be recognized.

Therefore, the judgment of the court below that acquitted the defendant is erroneous and adversely affected by the conclusion of the judgment.

2. The lower court determined, in light of the circumstances stated in its reasoning, that the Defendant stolen the instant victim against the complainant’s will, or that the Defendant had an intent to commit a theft or to acquire illegal gains.

It is difficult to see otherwise, and the defendant was acquitted on the grounds that there is no evidence to acknowledge it.

In light of the records, the judgment of the court below and its conclusion are just and acceptable, and there is no violation of law by mistake of facts as alleged by the prosecutor.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow