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(영문) 의정부지방법원 2016.01.19 2015노2646
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misapprehending the legal principles, was aware of the wall that the victim saved as his own wall, and there was no intention to obtain the other person’s identity or to obtain the other person’s identity.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Judgment 1 on the misunderstanding of facts or misapprehension of the legal principles) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① at the time of the instant case, the Defendant discovered that the Defendant was drinking alcohol in the restaurant table table of the D D “D”, and ② the Defendant first left around but did not have any interest (the victim was in the state of drinking food and drinking food) but was put in the main box of the Defendant, ③ was drunk to the extent that the Defendant was able to perceive the victim’s wall on his own wall.

It is difficult to see that the victim's wallet was put into the Australian machine, and two wallet were not known, and the above circumstances were not known.

In light of the fact that it is difficult to see that the victim returned to the restaurant again and that the victim and his staff members did not take any particular measures when finding the victim's wallet, the defendant knew that he did not own the wallet at the time of the instant case.

Therefore, the defendant's intention of larceny or illegal acquisition is recognized.

2) Therefore, the defendant's above assertion is without merit.

B. Determination 1 on the unfair argument of sentencing is recognized that the victim did not have a punishment against the defendant, and that the damaged goods have been returned.

2) However, the Defendant had a record of being suspended from indictment on August 22, 2013 due to fraud, embezzlement of possession, etc., and did not deny the instant crime, and did not repent of errors.

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