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(영문) 전주지방법원 2016.06.23 2015노1706
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The thief of this case committed by the Defendant by mistake of fact was committed after sunrise. Considering the possibility that the time revealed in CCTV taken by the Defendant’s thief was erroneous, the crime does not constitute the thief for night residence intrusion larceny.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. According to the photograph of CCTV screen that was duly adopted and examined by the lower court as to the assertion of mistake of facts, the following circumstances, namely, ① the Defendant’s photographed on the CCTV screen prior to the Defendant’s commission of the theft crime of this case, the Defendant’s photographed on August 3, 2015 or around 05:07 or around 05:09, and ② the head of the victim’s company H released the Defendant’s entry expenses by working at around 05:00 on August 3, 2015.

(3) The Defendant committed the crime of hiding up until then, since the security of light walls 01:00 around August 3, 2015 and light walls 05:00 around August 3, 2015 to arrive at the instant marina at the investigative agency.

In full view of the statements, the time shown in CCTV was wrong.

Therefore, this part of the defendant's assertion is without merit, since the defendant committed the larceny of this case before sunrise.

3. It is recognized that the defendant's judgment on the unjust argument of sentencing recognizes the larceny itself and reflects the thief itself, the defendant paid the victim the total amount of damages and agreed to do so at the investigation stage, the injured party wants to take the defendant's preference against the defendant, expressed his/her will to hire the defendant again in the future, and the defendant has no record of punishment for the same crime.

However, the Defendant was well aware of the password, structure, etc. at night for the purpose of committing the larceny of the instant structure at night.

approximately 21 million, as a result of the intrusion into Maart.

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