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(영문) 인천지방법원 2014.07.10 2014노765
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant found the Not North Korea from the bus (hereinafter “the Not North Korea”) and carried the Not North Korea with a view to returning it to the victim; and (b) did not have any idea to do so, the lower court found the facts charged by misunderstanding the facts.

2. According to the evidence duly adopted and examined by the court below, the following facts can be revealed by the court below: (i) the defendant discovered the street north of this case in a bus and put the street in his own bank, and left the bus article as it is without any talking about the bus article; (ii) the bus company or the police station, etc. thereafter did not notify the bus article of the acquisition of the street; and (iii) the defendant did not want to find the owner through the Internet reporting site; (iv) although the defendant obtained the street north of this case and without any writing informing the owner of the possession on the above site, it can be sufficiently recognized that the defendant had an intent to illegally obtain the street, taking into account the following facts: (i) the defendant's acquisition of the street North of this case was kept for 10 days without any writing informing the owner of the fact immediately after acquiring the street North of this case; and (ii) the defendant's request the victim by making a report on the items written by the victim and demanding the compensation

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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