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(영문) 서울남부지방법원 2020.11.10 2019노1932
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not theft the electric kickboard owned by the victim G.

B. The court below's decision on unreasonable sentencing: one year of imprisonment and three years of suspended execution.

2. Determination

A. In the lower court’s determination of mistake, the Defendant denied the theft of electric kickboards, and the lower court acknowledged the circumstances as stated in the lower court’s summary, and determined that the Defendant was sufficiently aware of the theft of electric kickboards.

The court below stated that the above circumstances are as follows, which can be acknowledged by the evidence duly adopted and examined by the court below, that the defendant may continue to work for a day, i.e., the defendant's status of construction progress at 4:00 new walls because there is no contact, and because he did not have any contact, he stated that he was equipped with golf bonds, pipes, etc. set up at the above construction site, and that he was employed as a day-time worker at the above construction site at 5:00 and 7:30, since he stated that he was employed as a day-time worker at the above construction site at 4:00 new walls, he cannot be trusted that the statement that the defendant would confirm the progress of construction progress because it is impossible to confirm the situation of construction progress at 4:0,000, and that the above golf loans, etc., which the related person, H, and I were kept by the defendant, the court below's conclusion that the defendant did not err by mistake of facts, as alleged by the court below, is without merit.

B. The first offender who had not been punished in the Republic of Korea in the determination of the allegation of unfair sentencing does not appear to have any intention to deny and reflect a part of the crime, and the victims have not been agreed to do so, and the motive and circumstances of the crime, the degree of damage, the age, character and conduct of the defendant.

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