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(영문) 광주지방법원 2012.12.26 2012노2102
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts does not have any fact that the Defendant entered a lodging room for employees Eda, with two punishments for women, three pantys, two pantys.

B. The sentence imposed by the lower court (two months of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In light of the importance of the statement on the assertion of mistake of facts in the court, it is not reliable to reverse arbitrarily the confession made in the court after the fact, barring any special circumstances. The confession made in the court of the court below by the defendant is clearly distinguishable from the stolen goods by disclosing that the defendant himself/herself was committed against the seven mobile phones located in the police house, women's protetion bags, and color bags. As to the facts stated in paragraph (1) of the court below's decision, "I stayed in Bosung-Eup as a dump vehicle engineer at the time of Bosung-Eup's act while serving as a dump vehicle engineer at the time of the crime," the confession made in the court of the court below's decision to the effect that "I will drink alcohol at the same 30 minutes or more in Bosung-si, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun, Bosung-gun's office, and that I will see the contents and the method of the defendant's statement to the effect that it was objectively made.

No evidence is found to be contrary to or inconsistent with other circumstantial evidence, and there is no evidence to prove that the defendant did not voluntarily state his/her opinion, or that there was no evidence to prove that there was a situation in which the defendant would have to have a reasonable doubt in the motive or process of confession, and thus, the defendant did so at the original trial

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