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(영문) 부산지방법원 2014.10.16 2014노2579
절도
Text

The defendant's appeal is dismissed.

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

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged of this case, although the Defendant did not have any misunderstanding of facts or misunderstanding of the legal principles, by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misunderstanding of legal principles, the Defendant confirmed CCTV images taken from the scene of the crime in an investigative agency, and led to the confession of larceny at the time of original adjudication. There is no reason to suspect the voluntariness of confession, and there is sufficient evidence to support this, and there is no new circumstance to reverse this in the trial. Therefore, it is justifiable for the lower court to find the Defendant guilty of the facts charged in this case based on the evidence at the time

B. In full view of the various circumstances, including the motive and circumstance of the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the sentencing of the lower court seems to be appropriate, taking into account the following factors: (a) the Defendant was punished for the same kind of crime; (b) there is no change of circumstances that may be particularly considered in the sentencing after the sentence of the lower judgment, such as the Defendant’s failure to obtain the victim’s letter

3. As such, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, since it is not reasonable, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the defendant confirmed CCTV images taken by an investigative agency to be exempted from the crime, and all of the crimes were committed after the court below and the court at the trial, but the confession is reversed and the defendant does not reflect at all while denying the crime again, and thus, the defendant is subject to a sanction against this and thus, the defendant bears the burden of litigation costs. It is so ordered as per Disposition.

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