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(영문) 울산지방법원 2018.02.01 2017노717
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below erred by misapprehending the facts and misapprehending the legal principles, thereby making a mistake of finding the Defendant not guilty.

2. Judgment on the grounds for appeal

A. The lower court’s judgment, on the following grounds, proved that the instant facts charged were proven beyond a reasonable doubt.

It is difficult to see

In light of the foregoing, not guilty was found.

1) The Defendant consistently denies the fact of crime from an investigative agency to the lower court’s court.

2) At the time of the instant case, the victim placed the damaged goods in the shower room.

It is difficult to readily conclude.

3) According to CCTV images installed in a hospital, at least four victims entered a shower room, including the Defendant, to find the damaged product again, to find the shower room.

4) The Defendant’s statement to the effect that the cleaning book of the hospital that entered the shower room after leaving the shower room was confirmed by the investigative agency, but did not see the damaged goods. However, the above statement was made after about about 10 days after the date of the occurrence of the instant case, and there is a limit to the F’s memory.

5) No injury was found from the Defendant.

B. We examine the reasoning of the judgment of the court below on the basis of comparison with the evidence adopted by the court below and the court below, and find the defendant not guilty of the facts charged of this case (the court below examined the victim and the hospital cleaning division in the above trial, but it was proved to the extent that it is beyond a reasonable doubt that the victim took part in the shower room.

It is difficult to see that there is no misunderstanding of facts or misunderstanding of legal principles in its judgment.

3. The prosecutor’s appeal of conclusion is dismissed on the grounds that the appeal of the prosecutor is without merit, under Article 364(4) of the Criminal Procedure Act.

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