(영문) 대구지방법원 2014.03.27 2014노74 | 리걸엔진

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(영문) 대구지방법원 2014.03.27 2014노74

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the misconception of facts (not guilty part of the judgment of the court below), the fact that the defendant, around August 20, 2013, by inserting the sale with the window of the victim G cab driving seat and cutting down the cash of 36,000 won in the vehicle on August 31, 2013, may be acknowledged. The court below erred by misapprehending the facts of not guilty of this part of the facts charged. 2) The sentence (one year and six months of imprisonment) sentenced by the court of unfair sentencing (not guilty part of the judgment of the court below) on which the court below rendered an unfair sentencing decision

B. Defendant (guilty part of the lower judgment) did not steal the victim D’s goods.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the fact that the Defendant stolen mobile phones and digital cameras located in the victim D’s vehicle on August 29, 2013 can be sufficiently recognized.

The judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law.

B. The injured party G consistently stated that “The Defendant laid down 36,00 won in cash at the driving zone by inserting the arms with the window of driving seat located in the taxi owned by the victim, as described in paragraph (2) of the instant facts charged, from the investigative agency to the court of original trial and the court of original trial.” The victim G consistently stated that “I am going to drive the Defendant immediately by reporting the luminous landscape on the roadside side.”

According to the evidence duly adopted and examined by the court below and the results of the CD reproduction viewing by the party-by-case court, at around 20:08:30 on August 31, 2013, the defendant rapidly set in front on the left side of the taxi in the victim G, and at around 20:08:43, G went back to the left side of the taxi in around 2008:08:43, G heading away from the left side of the taxi, and G found the defendant's whereabouts even after the lapse of five minutes, and arrested him as a flagrant offender.

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