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(영문) 대전지방법원 2013.09.12 2013노1069
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor, the defendants stolen the bags owned by the victim D and conspired to flee, and the defendant B prepared to flee and the defendant A was found to have stolen the above bags together with the above bags, but the court below found the defendant not guilty of the facts charged in this part of the facts charged. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Although it is reasonable to view that Defendant A committed a single criminal act with the victim D, even though it was committed by Defendant A at the time, Defendant B was aiding and abetting Defendant A to commit a criminal act with the intent of aiding and abetting the principal's act of theft by allowing the victim's act of larceny, etc. However, the lower court acquitted Defendant B of this part of the preliminary charges against Defendant B, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The judgment of the court below on the primary facts charged against the Defendants 1) The court below found the Defendants not guilty on the grounds that the Defendants failed to recognize the fact that the Defendants conspired to commit a theft even after compiling all the evidence submitted by the prosecutor. 2) As acknowledged by the evidence duly adopted and examined by the court below, Defendant A discovered a room containing money on the second floor of the F cafeteria of D's operation around October 1, 2012, and proposed Defendant B to go to that of his birth, but Defendant B refused it. After that, Defendant A followed the room in which Defendant A had a mixed room, and Defendant A had his own dignity again with the room in which Defendant B, and Defendant A stolen the above door, and Defendant A had no choice but to have no choice but to do so if it stolen it from the above F.

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