(영문) 인천지방법원 2020.11.13 2020노788 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2020.11.13 2020노788

절도

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court rendered a not guilty verdict on larceny of 2.2 million won among the facts charged in the instant case, and found the Defendant guilty of larceny as indicated in the lower judgment, which is within the scope of the same facts charged.

On the other hand, the defendant appealed against the guilty portion, and the prosecutor did not appeal against the judgment of the court below, and the verdict of innocence was also judged in the trial together with the guilty portion. However, the verdict of innocence was already dismissed from the object of attack and defense between the parties.

Therefore, the scope of this Court’s trial is limited to the remainder except the non-guilty portion among the judgment below, and the judgment of the court below is not separately determined based on the conclusion of the judgment below.

2. Summary of grounds for appeal;

A. Although the victim of mistake of facts did not contain KRW 8.50,000 in cash within the wallet, the judgment of the court below which found the guilty of this part of the facts charged is erroneous in misunderstanding of facts.

B. The sentence imposed by the court below on the defendant (the fine of 1.5 million won) is too unreasonable.

3. Determination

A. In the lower court’s determination of mistake of facts, the Defendant asserted the same purport as the grounds for appeal in this part. As to this, the lower court fully recognizes the facts that the Defendant stolen each of the of the of the of the of the instant damage, including KRW 850,00,00, considering the following facts or circumstances, i.e., the victim’s statement on the cash amount, among the damaged goods of this case, is relatively consistent and specific, and ② there was more than two months until the Defendant secured on August 19, 2018 the Defendant’s new illness accompanied with the Defendant at the time of the instant crime, and it appears that there was time for the Defendant to voluntarily consume the cash among the damaged goods of this case.

유사 판례

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