(영문) 인천지방법원 2018.07.13 2017노3708 | 리걸엔진

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(영문) 인천지방법원 2018.07.13 2017노3708

절도

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The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. On February 25, 2016, the Defendant: (a) the victim, who was trying to bring the victim’s mobile phone and tobacco to a carper without any side; and (b) sought 30,000 won from the victim’s mobile phone in finding the mobile phone; (c) reported to the police by the victim; and (d) the Defendant intentionally stolen the victim’s mobile phone.

B. The sentence of the lower court (the amount of KRW 700,00,000 and the cost of the lawsuit) is too unreasonable.

2. Determination:

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant intentionally stolen a mobile phone and tobacco in light of the following: (a) the Defendant: (b) provided tobacco with the victim’s mobile phone and tobacco in the smoking room; and (c) returned the mobile phone to the reported victim (the direction of the police’s statement and investigation record 18 pages); and (d) the Defendant did not have tobacco immediately in the carper; and (e) posted the mobile phone in the carper, etc., the Defendant intentionally stolen the mobile phone and tobacco in light of the fact that: (a) the victim was found to have been in the smoking room; and (b) the victim was found to have been in the carper.

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

B. Although a person who suffered from a judgment on an unfair argument of sentencing did not want to punish a defendant, the defendant committed the instant crime even though he/she had the history of punishment several times, taking account of various circumstances, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence of the court below is too unreasonable, and thus, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed. It is so decided as per Disposition.

유사 판례

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-서울서부지방법원 2012.08.29 2012고단911