logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.10.18 2019노1479
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant only submitted the instant wallets to the ticket office as lost, and it did not constitute embezzlement of the instant wallets, who escaped from the possession of the victim, as shown in the facts charged in this case.

Nevertheless, the court below convicted the defendant, and such judgment of the court below is erroneous in misunderstanding of facts.

2. The judgment of the court below also asserted the same grounds for appeal, and the court below found the defendant guilty, taking into account the following facts: (i) although the defendant could easily submit a ground for appeal to a driver aboard the ship at the time, (ii) he left the bus without taking it out; (iii) the fact that the defendant received the lost goods of another ground wall on the date of the occurrence of the case; and (iv) the fact that the defendant did not point out whether he submitted a ground wall at the time of visiting a Busan comprehensive bus terminal, and (iii) the defendant did not point out that he submitted a ground wall at the time of visiting the Busan comprehensive bus terminal, the judgment of the court below is just and acceptable; and (iv) the defendant's assertion that the ground for appeal that the defendant returned the ground wall at the time was returned to the ticket office is insufficient to recognize it due to lack of any data or circumstances to recognize it. Therefore, the defendant's assertion of misunderstanding of facts cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow