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(영문) 의정부지방법원 2014.11.14 2014노1439
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the summary of the grounds for appeal submitted by the prosecutor, the product of this case was in custody of D, E, and F, and it cannot be deemed that E consented to bring the product of this case to the defendant, and thus, the defendant shall be recognized as larceny.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Based on the evidence duly adopted and examined by the court below on the facts charged of this case, the court below judged that the product of this case is owned by E, not owned by D, E, and F, and that E allowed the defendant to bring the product of this case, and sentenced the defendant not guilty on the ground that the facts charged of this case constitutes a case where there is no proof of crime. In light of the records of this case and the reasoning of the judgment of the court below closely compared with the above, the court below's above judgment is acceptable, and there is no error of mistake of facts even after examining the grounds for appeal by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

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

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