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(영문) 춘천지방법원 2016.06.30 2015노343
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts and the legal principles) is that the Defendant did not know the horses of the victim and did not confirm the intent of the victim, even though it is unclear whether the victim would be allowed or not, and it would result in the instant luminous plane without obtaining the consent of the victim, it should be deemed that there was an incomplete intention to bring about the instant luminous plane without obtaining the consent of the victim.

2. According to the records of this case, the court below, based on its stated reasoning, had the defendant's criminal intent of larceny.

It is difficult to see

The decision is just and acceptable, and the defendant did not have any negligence of larceny solely on the ground that the defendant did not directly contact the victim and check the victim's intention.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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