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(영문) 전주지방법원 2016.05.20 2015노1099
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (a thief) The defendant was merely engaged in laundrying clothes of the victim and returning them, so the defendant has no intention to obtain unlawful procurement.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The defendant alleged the same purport in the court below, and the court below rejected the above argument by stating in detail the decision on the main part of "a summary of evidence" in the last part of the court below's judgment. In light of the records, the court below's decision is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

Therefore, the defendant's mistake of facts is without merit.

B. The following are the circumstances: (a) the Defendant recognized part of the instant crime; (b) there was no history of criminal punishment or criminal punishment exceeding the fine previously imposed on the same crime; and (c) the Defendant appears to have committed the instant crime with the victim and his/her annual personnel; and (d) the amount of damage to the larceny is relatively small and medium amounting to KRW 1.2 million, etc., which are favorable to the Defendant.

On the other hand, the crime of this case was committed by the defendant using the gap in the victim's appearance, resulting in theft of the victim's clothes 12,00 won in total from the telecom where the victim resides, and the transmission of the victim's text message that arouses uneasiness to the victim seven times, and the crime did not completely recover the victim's damage to the defendant's office, and the defendant was partly bringing about the victim's clothes to the office where the victim works.

However, according to the testimony of the court below by the victim, the victim did not return clothes in normal state.

Jinal (court records, ...)

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