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(영문) 서울중앙지방법원 2017.08.18 2017노1982
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant knew that the Defendant was abandoned, and thus, did not have any intention to obtain theft or to obtain illegal gains.

B. The punishment of the lower court is too heavy.

2. Determination

A. According to the evidence examined by the lower court regarding the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the facts between the Defendant and the victim’s bags can be acknowledged.

The court below, based on all the circumstances revealed by evidence, found that the defendant had the intention of larceny and the intention of unlawful acquisition.

The decision is just, and there is an error of misunderstanding of facts or misunderstanding of legal principles in this decision.

shall not be deemed to exist.

B. There is no change in circumstances after the appeal regarding the unfair argument of sentencing was filed, and all other conditions of sentencing as shown in the record are considered to be unfair (it cannot be deemed that the court below’s sentence against the Defendant is not unfair (it is impossible to suspend sentence on the Defendant’s criminal records). 3. The Defendant’s appeal to the final judgment is dismissed as

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