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(영문) 서울남부지방법원 2014.08.28 2014노1038
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found that the defendant had the intent to obtain unlawful acquisition of the above ground for appeal by misunderstanding the facts, even though the defendant was only in custody of the above ground for appeal to return to the victim.

2. The court below found that evidence duly adopted and investigated by the court below: ① the victim moved the above wall to the place where the victim was seated; ② the defendant put the wall on his own inside and entered the toilet with his own inside; ③ the defendant returned the above wall to the casino security personnel who confirmed CCTV as the victim's report; ④ the amount of cash in the above wall was 70,000 won at the time of the loss of cash but the amount was 6,000 won when the defendant returned to the wall; ⑤ the defendant put the above wall to his own room, and the defendant did not report the loss of the wall until the time when the security personnel came to the seat; ③ the defendant did not take any necessary measures such as reporting the loss of the wall; and the defendant did not have any errors in the judgment of this case, as alleged in the judgment of this case, the court below found the defendant guilty.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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