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(영문) 광주지방법원 2018.05.15 2017노2496
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts constituting a crime in the lower judgment, did not steal the victim D’s uniform failure.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, the Defendant could fully recognize the fact that the Defendant stolen the victim’s uniforms, as stated in the facts constituting the crime in the lower judgment.

Therefore, this part of the defendant's argument is without merit.

① G, the witness of the instant crime, was from the investigative agency to the court of the lower court, to the day of the lower court, “The Defendant, who entered a model operated by the victimized person, appeared to F after witnessing the appearance of the previous spawn in the wall, and then he stored the wall containing the previous spawn in a vinyl.”

“The statement was made to the effect that it was “.”

F also, from the investigative agency to the court of the court below, “F heard her friend that the Defendant was fluoring his her fluoral head in G, and her fluoring the Defendant’s fluoral head in his fluoral head in his fluoral head, and her fluoral head in his fluoral unit

Since then, the defendant saw the monet of the monet as his hand, and then sealed the monet with the same monet as his monet.

“The statement was made to the effect that it was “.”

G and F’s above statements are credibility in light of the following: (a) the background behind witnessing the Defendant’s crime at the time of the crime; (b) the Defendant’s speech and behavior or circumstances at the time of the crime; and (c) G and F’s false statement on the Defendant does not appear in any circumstance.

(2) A victim shall take the original trial from an investigative agency to the court.

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