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(영문) 수원지방법원 2017.10.20 2017노5354
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to theft against victim E), the Defendant did not commit a theft of two and one of ten knifes among the damaged items. It is unreasonable for the lower court to recognize the value of the damaged items as KRW 50 million on the sole basis of the victim’s statement.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, first, in full view of the following circumstances: (i) the Defendant’s three gone gone and ten gone gone gone gone gone on the victim’s possession; and (ii) the Defendant’s three gone gone gone gone gone gone gone gone gone gone gone gone; and (iii) the evidence duly adopted and investigated by the lower court; (iv) the victim E specifically stated the type and quantity of the damaged items in the investigative agency and the court of the lower court; (iv) one gal one of the damaged items stated by the victim was seized at the time of the Defendant’s arrest; and (v) the victim’s intent or motive does not appear to make a false statement on the type and quantity of the damaged items specifically unfavorable to the Defendant. Accordingly, this part of the Defendant’s assertion is without merit.

B. Next, according to the reasoning of the lower judgment, the lower court recognized the value of the damaged article as KRW 50 million on the basis of only the statement of the victimized person, but the following circumstances revealed by the record, namely, ① the Defendant in this case is disputing the calculation of the value of the damaged article while specifically presenting the price he/she disposed of and received, ② the victim’s investigative agency and the court of the lower court’s trial, and ② the victim’s statement at the investigative agency and the court of the lower court’s trial.

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