(영문) 대전지방법원 2015.09.17 2015노1783 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2015.09.17 2015노1783

절도등

Text

Defendant

The appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts: (a) around 01:0 on May 4, 2014, at D main points located in Daejeon Dong-gu Daejeon, the Defendant temporarily set the victim E’s cell phone and returned it again; and (b) did not steal it.

B. The sentence of unfair sentencing (one year and four months of imprisonment) by the court below is too unreasonable.

2. Determination

A. The lower court stated that the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts are consistent from the investigative agency to the court of the lower court, i.e., ① the victim E consistently sees from the investigation agency to the court of the lower court, to the D main point on May 4, 2014, and the Defendant got off his cell phone, and did not return his cell phone to the Defendant although he did not return it (Article 10,11, 71 of the Evidence No. 2, No. 1972 of the Evidence No. 2, No. 1972 of the Evidence No. 2, No. 1972 of the Trial Records), ② the statement prepared by the Radokian investigative agency with the victim E at the time, stating that “the Defendant took off the cell phone cited by the Defendant in his hand” (Article 2,8 of the Evidence No. 8 of the lower court), and “E” at the court of the lower court.

In full view of the following facts: (a) the Defendant made a statement that he/she would have taken place a mobile phone at the time; and (b) the victim made a statement that he/she would have taken place; and (c) corresponds to the victim E’s statement, it is sufficiently recognized that the Defendant used the victim E’s mobile phone at the D main points on May 4, 2014 and used the victim E’s mobile phone and used the victim’s mobile phone.

This part of the defendant's assertion is without merit.

B. The circumstances are as follows: (a) the Defendant’s decision on the assertion of unfair sentencing is deeply divided and reflected in his or her mistake; and (b) the victim K and N agreed with the Defendant.

However, the crime of this case is committed by the victim E, F, G, and K's cellular phone who is the defendant's seat.

유사 판례

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