(영문) 대전지방법원 2016.11.17 2016노2488 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2016.11.17 2016노2488

절도등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a theft of KRW 500,00 in cash at the time of the instant case, the lower court found the Defendant guilty of the instant facts charged, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. In the lower court’s judgment on the assertion of mistake of facts, the Defendant argued to the same effect as this part of the grounds for appeal, and the lower court convicted the Defendant of this part of the facts charged, based on the evidence duly admitted and examined by the lower court. The following circumstances acknowledged by the evidence duly admitted and examined by the lower court, namely, ① the victim was stolen of cash and precious metals at the residence of the investigative agency and the lower court on April 14, 201, and the precious metal was stolen in the investigation agency and the lower court’s judgment.

In addition, on April 14, 2016, the victim made and submitted to the investigative agency a written statement (Evidence No. 9-10 pages) that is specific and consistent to the purport that it is “,” and the victim made a statement to the effect that he/she was stolen with precious metal from the date of the instant case, and that he/she also made a statement to the effect that he/she was in compliance with the victim’s above statement at the lower court court’s court’s court’s court’s court’s decision as to stolen products at the time of the instant case (No. 94 pages), and as such, the victim made a statement to the effect that he/she was in compliance with the victim’s above statement (the trial record No. 94 pages) with respect to stolen products at the time of the instant case, “Although he/she was kept in custody of several parts on the one in which he/she was not kept with cash

The statement to the effect that it is “(97 pages of the trial record)” (3) The victim is before being damaged by the investigative agency.

유사 판례

-대전지방법원 2015.05.14 2015노610

-서울서부지방법원 2014.09.05 2014노796

-서울고등법원 2013.10.31 2013노2800

-대구지방법원 2016.10.21 2016노476

-서울중앙지방법원 2015.11.05 2015노3513