(영문) 대전지방법원 2015.02.05 2014노1691 | 리걸엔진

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(영문) 대전지방법원 2015.02.05 2014노1691

절도

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All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s mistake of facts on December 4, 2013 and around 01:40 on December 4, 2013, there was no fact that there was no theft of the market value, such as the quantity in the quantity owned by the victim from the separate collection site of the wall, mountain bar apartment located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu. 2) unreasonable sentencing sentence (fine 200,000 won) is too unreasonable.

B. In full view of the fact that a prosecutor (misunderstanding of facts as to the acquittal portion) was investigated by the police, the Defendant committed this part of the larceny crime, and the victim testified in the police and the court of the court below that he led to the confession of the crime by the Defendant. On December 4, 2013, the victim appeared to have observed the larceny crime by the Defendant, and the victim took photographs thereof, and prepared a written agreement with the victim, it can be sufficiently recognized that the Defendant committed this part of the larceny crime.

2. Determination on the grounds for appeal by the defendant

A. The following circumstances found by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) the victim entered into a contract with the investigative agency to collect recyclables located in the separate collection place in the apartment house from around 2013 to the court of the lower court; and (ii) collected recyclables from the separate collection place; and (iii) took away from the place near the separate collection place on December 4, 2013, while collecting recyclables from the separate collection place. However, around 01:40 on December 4, 2013, the victim was able to escape by deeming that the Defendant stolen scraps, etc. at the separate collection place.

As the defendant stored stolen recyclables in a different place, they stored scrap irons, etc. in the lower part of the apartment management office, and at least 7 to 8 pieces of clothes were discovered in the apartment underground room.

After being examined by the police, the clothes, ice leasing, scrap metal, spawn, spawn which the defendant kept.

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