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(영문) 제주지방법원 2011.05.13 2011노60
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not commit a thief under paragraph (5) of the judgment of the court below, and there was no fact between the 8th floor corridor at the date of the crime under paragraph (6) of the judgment of the court below, but did not interfere with the theft by intrusion on guest rooms.

(2) In 1979, the Defendant had a head far away from a telegram, and thereby, was in a mental and physical state with a wall that prevents the Defendant from avoiding his desire to steal another’s property at the time of committing the instant crime.

(3) The sentence imposed by the lower court of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., ① the defendant 1, going from K hotel around 03:30 on August 16, 2010 to 10, opened a door of 1001 and returned back to the guest room again, and ② the defendant 2, from around 21:35 on September 13, 2010 to 21:47, 30 on the n hotel with an elevator and emergency stairs, and 1:3:3:0 on the above hotel, the defendant 6:3:0 on the ground that the defendant got back to the above hotel, and 1:5:0 on the ground that he was aware that he was guilty of money and valuables, and the remaining method and method of the crime of larceny of the defendant's hotel, which were the victim of the crime of larceny of the previous 1:0 on the ground that he was aware that he was able to commit the crime of larceny of the previous 2nd hotel.

9. The next day from around 21:30 on March 21, 200.

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