logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.02.13 2014노1938
특수절도
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, such as the CCTV image-faging photograph of the gist of the grounds for appeal, the court below found the Defendants not guilty of the special larceny against the Defendants, despite the Defendants’ joint theft of the victim.

2. With respect to special larceny against the Defendants, the lower court found the Defendants not guilty on the grounds that this part of the facts charged constitute a case where there is no proof of crime, based on the evidence duly adopted and investigated by the lower court based on its stated reasoning. A thorough comparison of the records of this case and the reasoning of the lower judgment, the lower court’s judgment is acceptable. Even based on the evidence submitted by the prosecutor, it is difficult to recognize that Defendant B conspired with Defendant A in advance or in the field of crime, and it is also difficult to view that the Defendants shared the conduct of joint larceny.

As such, it is not clear whether Defendant A, like the prosecutor's assertion, had come back together with Defendant B when Defendant A she gets a cover, or Defendant A, as well as Defendant A, did not set up the money within the wall). The judgment of the court below is judged to have no error of misunderstanding of facts.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow