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(영문) 수원지방법원 2020.09.11 2019노632
야간주거침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. According to the evidence submitted by the prosecutor of mistake of facts (as to the night larceny part), the court below erred by misapprehending the fact that the defendant invadedd a church at night and stolen the victim's card. However, the court below erred by misapprehending the facts charged as not guilty.

B. The lower court’s sentence of unreasonable sentencing (one million won of a fine) is too unhued and unreasonable.

2. Determination

A. In full view of the circumstances revealed through the evidence duly adopted and examined, the lower court, based on the evidence submitted by the prosecutor, entered the first floor of the church where the victim was set up.

In addition, it is difficult to recognize that the card was stolen within the victim's wall wall, and this part of the facts charged was acquitted.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and since the prosecutor did not submit new evidence in the trial, it cannot be said that the court below erred by misunderstanding the facts as pointed out by the prosecutor, which affected the conclusion of the judgment.

B. Comprehensively taking account of the grounds for sentencing indicated in the instant argument and the record of the judgment on the assertion of unfair sentencing, the lower court appears to have reasonably decided by taking into account the various grounds for sentencing alleged by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

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

[However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio, the judgment of the court below’s second 13 statement “from around 01:49 on June 13, 2018” shall be corrected as “from June 13, 2018 to “from around 21:16 on June 13, 2018”; and the 4th 8th 8 statement “the grounds for the sentence” to “the part of innocence”

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