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(영문) 광주고등법원 2014.04.17 2013노544
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, along with the misunderstanding of facts, has been trying to steal money and valuables with C, but there is an error of misunderstanding of facts in the judgment of the court below, since he could not move to the commission of the crime because he did not appear as a sudden C while waiting for the order of entrance at the G music Council and coloring the subject of the crime.

B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below duly adopted and examined the evidence, namely, (i) stated at the police and the court below that “The two persons who were waiting after the time when the victim was waiting to leave the G Music Chairperson, she returned to the police and the court below, she saw her that he was unsatisfying, and the one who went back to the back, her escape, and her other (C).” (ii) the raising of the two persons whose memory was the victim was the same as the Defendant’s appearance with the Defendant, which was stamped in the 190s CCTV, (iii) the Defendant was forced to commit the crime of retailing, and (iv) the Defendant stated in the court below that “only if it is possible to leave retail, and there was no such technology at that time,” and that there was no possibility that the Defendant was a person other than the Defendant who was habitually arrested at the time, and that the Defendant could not have a mobile phone at the entrance of the Council, even if the Defendant did not have any contact with the Defendant.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unfair sentencing, the amount of money and valuables acquired by the defendant by the instant crime is stipulated.

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