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(영문) 서울동부지방법원 2016.06.30 2016노296
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Since the court below rejected and notified the applicant C’s application for compensation, the above part was immediately determined.

Therefore, among the judgment below, only the part of the case of the defendant belongs to the scope of this court.

2. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant, who is a partner or employee with the victim and was employed together with the victim, brought about to accept the order due to the malfunction of the Nowon-gu in the instant case, and thus, he/she did not intend to acquire the theft intentionally or illegally.

Nevertheless, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

3. The lower court also stated that the Defendant had the same assertion as the grounds for appeal, and the lower court determined that the Defendant’s intentional theft and the intent of unlawful acquisition is recognized by specifying the grounds for appeal in detail.

The above judgment of the court below is just and there is no illegality of misconception of facts alleged by the defendant.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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