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(영문) 서울서부지방법원 2015.05.29 2015노127
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of all the evidence duly submitted by the prosecutor, the judgment of the court below which acquitted the defendant, despite the fact that the defendant stolen the victim C's wallet, is erroneous in the misapprehension of facts.

2. The court below found the defendant not guilty of the defendant's assertion that the defendant, at the time of the instant case, was a dead driver on the platform of the Lee Man-dong Station where the victim was under the influence of alcohol, and that there was no theft of the victim's wall, considering the circumstances stated in the court below's decision, it is difficult to view that the defendant was guilty of the defendant on the ground that there was no reasonable doubt as to the theft of the victim's wall, and that there was no other evidence to acknowledge the theft. Even if the circumstances cited by the court below and the statement of the witness G of the party in the instant case acknowledged by the records of this case, it is difficult to view that the defendant's larceny, such as the facts charged in the instant case, was proven to the extent that there was no reasonable doubt, and that the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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