(영문) 수원지방법원 2015.02.13 2014노7742 | 리걸엔진

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(영문) 수원지방법원 2015.02.13 2014노7742

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of larceny 1, 2, 3, and 7 of the list of crimes committed in the judgment of the court below in the misconception of facts (hereinafter each crime is specified by the sequence) is not committed by the defendant.

B. The sentence of one-year imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the following facts acknowledged by the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the first instance court can sufficiently recognize that the Defendant committed the larceny crimes in 1,2,3, and 7.

We cannot accept this part of the defendant's argument.

① As to the crime No. 1 committed by the Defendant in an investigative agency, the Defendant entered the house through the window in which he was dissiped, boomed, and gone to the house. “The Defendant made a specific statement on the characteristics of the place of the crime and method of intrusion, and led to the confession of the crime. The Defendant’s statement is consistent with the current status of the building, A Qda household, when the Defendant’s crime scene No. 1 was committed.

② As to the crime No. 2 at an investigative agency, the Defendant: (a) discovered that the Defendant committed the crime, she was at the place where the Defendant committed the crime; (b) confirmed that he committed the crime; (c) came into the back of the GaR Borrowing; and (d) opened the Gam 70cm wide and 1m high, which was placed on the floor, with string off on the wall, and she moved into the building through open windows with gas pipes located on the wall of the building.

The Defendant made a concrete statement as to the method of intrusion. ③ The Defendant: (a) designated the “Nang-si Nil-si,” which is the place of the crime, to the place where the Defendant committed the crime; (b) led the Defendant to the building through an open glass window after entering the back door to the back door through the left door door of the Nda household; and (c) led the Defendant to the building.

The detailed statement was made on the method of intrusion.

(4) The defendant.

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