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(영문) 대구지방법원 2021.01.13 2020노1464
절도
Text

The defendant's appeal is dismissed.

The costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) did not steals KRW 400,00 as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Judgment on the assertion of mistake of facts

A. In full view of the above two pages of the judgment of the court below, the court below held that the defendant thefted KRW 400,000 on the ground of the clothes operated by the victim on the day of the instant case, including ① the statement in the victim C's court room, ② the process of the victim's complaint, ③ the process of the victim's complaint, and ③ the black stuff images taken on the day of the instant

Based on the judgment of the court below, the charges of this case were convicted.

B. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s finding of facts and determination that found the Defendant guilty of the facts charged are justifiable, and there was no error by misapprehending the facts.

① On June 18, 2019, the victim’s investigative agency and the lower court’s consistent core part of the statements were confirmed through a vehicle black image, where the Defendant entered the clothing store room and then put the body into the back part of the Defendant’s cryp in the front and rear cryp.

“.” (In the investigation record 6 pages, 59 pages of the trial record). There is disagreement as to whether the injured party asked the accused to see himself/herself at the time of the instant case (in the investigation record 6 pages, 61, 62 pages). However, the degree of doubt is not to doubt the credibility of the statement as to the core facts above.

② According to the black stuff images taken on the day of the instant case, cash 00:00 :15 Kakao Stockholm (Stockholm 2/2 image; hereinafter the same shall apply) taken by the Defendant on the day of the instant case is taken in front of the front part of the clothes.

(v)inform;

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