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(영문) 울산지방법원 2021.02.02 2020노1256
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts and misunderstanding the legal principles, which found the defendant liable for special larceny even though the defendant did not have stolen the victim's property together with A.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court on the assertion of misunderstanding the facts and the lower court’s judgment, the Defendant and A recognized the temporal and spatial co-operation and closeness of the solicitation intent and the action, and thus, theft of property owned by the victim by the Defendant jointly with A.

Since it is reasonable to see this part of the defendant's argument is without merit.

A. The Defendant asserts that, in the view that the taxi engineer would be likely to obtain a bank owned by the victim and return the bank directly, the victim was placed on the back seat of the taxi, and that the taxi was lowered from the taxi.

However, at the time, the Defendant appears to have not attempted to find the owner of the bank even though the method of identifying the owner of the bank was available through a wall or cellular phone after he/she left the taxi. However, the above Defendant’s assertion is difficult to believe.

(b) The Defendant shall take cash from the victim A’s wall wall to the victim’s wall;

I did not report that I would not give any specific restraint, and that the defendant set I would like to set I would like to set I would like to set I would like to set I would like to set I would like to dynasium in the redevelopment area.

Although talking about this, no response was made.

(c)

Rather, the statement at A’s trial court, that is, “after taking cash in a household, the Defendant was aware of the room and treated by him, and talked that he would do so in cash.”

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