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(영문) 대전지방법원 2018.04.12 2018노537
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution as to the assault against C among the facts charged in the instant case, and convicted the remainder of the facts charged.

Therefore, since only the defendant appealed to the part other than the dismissed part of the above indictment, the scope of this court's trial is limited to the remaining part except the dismissed part of the judgment below.

2. Summary of reasons for appeal;

A. On February 13, 2017, among the facts constituting a crime in the lower judgment, the Defendant did not commit the remaining crimes except for each of larceny via LPG gas on February 14, 2017 and each of the larceny on February 16, 2017.

B. The punishment sentenced by the lower court (one year and eight months of imprisonment) is too unreasonable.

3. Determination

A. The lower court’s evidence duly admitted and examined as to the assertion of facts reveals the following circumstances: (i) the victim E, L,O, U, and W of the criminal facts denied by the Defendant from the investigative agency to the court of the lower court; (ii) the victim A also stated the facts of specific damage to the investigation agency; (iii) the victim’s photograph or CCTV image, etc. related to the criminal facts as indicated in the judgment of the lower court also correspond to the victim’s statement; (iv) the Defendant denies the CCTV image, which was clearly taken by the victim’s door-to-door victim by intrusion into the territory of Daejeon-gu; and (iv) the Defendant was consistently admitted on February 13, 2017, which was recognized at the trial of the first instance; and (v) despite the denial of the facts alleged on February 14, 2017 and the victim’s statement on July 16, 2017, which was consistent with the judgment of the lower court.

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