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(영문) 서울서부지방법원 2015.11.06 2014노1101
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant, in order to find out the main body of a wall on the bank’s cash payment machine, was placed in the post-mail box in order to find out the main body, and that there was no theft of wallets.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

2. The lower court acknowledged the following facts based on evidence duly adopted and investigated by the lower court: (i) around 18:34:51 on June 26, 2013; (ii) around 18:34:51 on the part of the victim C, while using the cash payment machine at one bank network point located in Mapo-gu Seoul, Mapo-gu, Seoul, the victim C transferred the cash payment machine to another cash payment unit on the left left left side while leaving the cash payment machine at one bank network point; (iii) the Defendant completed the use of the cash payment machine on the right side of the victim at around 18:34:56 on the same day; and (iii) on the part of the victim at around 18:35:09, the Defendant used the said wall; (iv) on the part of the victim at the time of the Defendant’s use of the said wall, the Defendant did not know whether the victim was the victim; but (iv) on the following day, the Defendant did not know the fact that the Defendant did not know the fact that he was missing or missing.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant'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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