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(영문) 춘천지방법원 강릉지원 2018.11.29 2018노380
특수절도
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (unfair sentencing)’ punishment of the lower court (six months of imprisonment) is too unreasonable.

B. Even though the Defendants entered the victim F's breeding ground and stolen poppy and committed a special larceny, the lower court determined that only Defendant B entered the breeding ground and only Defendant B went to the breeding ground, and the Defendants committed the attempted crime.

The lower court erred.

2. Judgment on the assertion of mistake of facts

A. On October 21, 2017, from around 03:08 to around 03:19 the same day, the Defendants intruded into the victim’s poppy straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw

B. The lower court’s judgment is insufficient to recognize that the evidence submitted by the prosecutor alone entered Defendant A into the victim’s poppy spoppy spoppy spoppy spoppy spoppy or the Defendants stolen both the Defendants, thereby cutting down the instant special larcenys.

On the other hand, this part of the charges is not guilty, and only the other charges (the defendant Eul reported the net outside of the stoppy, and the defendant Eul infringed on the poppy straw, thereby having attempted to catch one pair of poppy) are found guilty.

(c)

In a criminal trial for the decision of the party, the formation of a conviction is not necessarily required to be formed by direct evidence, but can be based on indirect evidence, and indirect evidence should not be individually or separately assessed, and it should be evaluated in a comprehensive manner by mutual related to each other without omission in all respects, and it should go through a thorough and contradictory argument.

The probative value of evidence is left to the free judgment of judges, but the judgment should be consistent with logical and empirical rules, and the degree of the formation of conviction to be found guilty in a criminal trial should not be reasonable doubt, but it should be all possible doubts.

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