(영문) 광주지방법원 2016.08.25 2015노2605 | 리걸엔진

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(영문) 광주지방법원 2016.08.25 2015노2605

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the CCTV image taken around May 10, 2014, the victim’s house was discovered, Defendant A’s car was 45 minutes in front of the victim’s house, Defendant B’s satisfaction of the exercise picture discovered at the victim’s house is the same as or similar to the Defendant’s exercise picture of the Defendant. On May 10, 2014, J stated to the effect that: (a) around May 10, 2014, Defendant J reported 112 by engaging in an act, such as flaging the window and flaging the window; and (b) Defendant B stated to the effect that this part of the facts charged is sufficiently proven, comprehensively taking account of the following: (a) the CCTV image taken around the victim’s house; (b) the victim’s 45 minutes flag; and (c) the satisfaction of the exercise picture discovered at the victim’s house was the same as that of the Defendant’s exercise picture of the Defendant; and (c) around May 26, 2015.

must be viewed.

Nevertheless, since the court below acquitted the Defendants on the ground that this part of the facts charged constitutes a case where there is no proof of crime, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court (Defendant A: 6 months of imprisonment; 6 months of imprisonment; 2 years of suspended execution; 120 hours of community service) is too unhued and unreasonable.

2. Determination

A. 1) The Defendants, as married couple, conspired with the intent to steals the articles by entering an abandoned house where the crime prevention device was neglected, on the part of the couple, after entering the E car which was prepared in advance, and entering the apartment house where the victim prevention device was neglected.

Defendant

A From around 07:00 on May 10, 2014 to around 08:55 on the same day, between around 07:00 to around 08:55 on the same day, the victim came into the ordinary house of the victim I in Gwangju-gu, and opened a toilet with his house and enter the house, one gold b.50,000 won in the market price of the victim’s own house, and one gold b.50,000 won in cash in the middle of the kitchen rice.

They go back.

At this time, Defendant B is the same as above.

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