(영문) 서울중앙지방법원 2018.07.13 2017노4848

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(영문) 서울중앙지방법원 2018.07.13 2017노4848

야간주거침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) did not correspond to the place where the instant crime was committed on the date and time of the instant crime, and the victim and the husband were first mathd with the victim on June 29, 2016, and the husband and wife were misunderstanding the Defendant as the thief.

2. In the judgment of the court below, the defendant's assertion of this part is acceptable in light of the following: (a) the sufficient trace discovered in the victim's house and the age-based scambling floor that was found in the defendant's house; and (b) the defendant made a telephone call in the vicinity of the place of crime before and after the crime of this case; (c) the type of age-based scambling, which is similar to the sufficient trace found in the scene of the crime of this case, has reached the 14th category, and the defendant's residence is located in a place where is not far away from the place of the crime of this case

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the defendant can be recognized as having stolen money and valuables at the victim's house as stated in the judgment below. Thus, the defendant's assertion of mistake of facts is without merit.

A. The victim's statement is very important since the victim's arrest after the victim's report of damage was arrested through the police investigation, not by the victim's identification procedure, but by the victim's discovery of the crime and reporting it to the police.

B. On June 16, 2016, the victims described the offender at the time of reporting around 03:22 on June 16, 2016, 112, that “at the time of committing the crime, the victims entered the offender “at the level of 175cm to 50 men who have frighted with the 50-sinyl chloride, and entered the 175cm with the South-kin vinyl.” (Evidence No. 40 pages), and the Defendant was 50 men who have actually frighted with the face of 180cm, and the Defendant’s appearance is considerably similar to the offender.

(c)

The victims are trying to ice at night.

유사 판례

-대구지방법원 2015.01.23 2014노3212

-서울동부지방법원 2018.09.13 2018고단2491

-서울중앙지방법원 2015.04.09 2014노3840

-대전지방법원 서산지원 2016.01.05 2015고단841

-대구지방법원 2016.10.14 2016고단3856