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(영문) 광주고등법원 2014.06.19 2014노119
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for three years.

The keys to which seizure has been made.

Reasons

Summary of Grounds for Appeal

The defendants' punishment of the court below (the defendant A: 4 years of imprisonment and the defendant B: 3 years of imprisonment) is too unreasonable.

In light of the criminal records of the Defendants, the Defendants were subject to criminal punishment for the theft of another person’s property in combination with several times prior to the instant case, and the lower court acknowledged that the Defendants conspired to commit a theft of KRW 5.80,000,000,000,000,000,000,000,000,000,000,000 won

The judgment of the court below on the prosecutor's assertion of mistake of facts reveals that "the defendant Eul made a police statement to the effect that "at the same time from the time when she entered soup," as evidence as shown in this part of the facts charged that the defendants stolen the money and valuables of the victim D together," and the prosecutor stated that "the defendant Eul opened and stolen money by opening a door to another person's things. He did not know that he did not know what kind of money, and he reported." ② The defendant Eul also received money from another person in the prosecutor's office after making soup at the escape room. Thus, the defendant Eul also stolen money from the other person's things. Thus, the defendant Eul tried to go home again and fry the clothes of the victim Eul, and also I tried to open another person's things, so the defendant's first defendant's participation in the crime of this case was insufficient to recognize the part of the defendant Eul's first witness's statement or the defendant's first witness in the police."

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