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(영문) 서울북부지방법원 2016.05.27 2016노461
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the fact, thereby convicted the Defendant, even though the Defendant was not guilty of the victim’s multilomond theft.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination:

A. Comprehensively taking account of the CCTV video image data on the assertion of mistake of facts and the evidence duly adopted by the Defendant, including the witness C’s testimony, the Defendant was under the influence of the victim C, who was under the influence of alcohol on the platform platform.

The fact of theft may be fully recognized.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the records of this case and the reasons for sentencing of the judgment of the court below, considering all the circumstances asserted by the defendant on the grounds of appeal, it cannot be deemed unfair on the ground that the defendant was punished several times as a theft of a similar several laws, and the court below’s punishment against the defendant who committed the same crime during the period of such repeated crime was neglected.

Therefore, the defendant's argument of sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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