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(영문) 인천지방법원 2019.01.16 2018노3179
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on the following day of erroneous determination of facts, was merely bringing about locks on his will to return them to the State through the post office, and there was no intention to larceny.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The Defendant alleged that the part of the lower court’s assertion of mistake of facts was the same, and the lower court rejected the Defendant’s assertion in determining the Defendant’s guilty of the facts charged on the grounds as indicated in its reasoning. In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower court, the lower court’s aforementioned determination is justifiable and acceptable, and it does not seem that there was an error

B. Considering the circumstances asserted as the grounds for appeal, the lower court’s sentence is too unreasonable, even if considering the circumstances asserted by the Defendant as the grounds for appeal.

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

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