logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.11.07 2018노2049
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact misunderstanding 1) The Defendant, as stated in the lower judgment, committed a theft of KRW 100,000 in cash, and the head of merchandise coupon 3 and one bank did not steals.

Nevertheless, the court below erred by misunderstanding the facts that the court below found all of the facts charged.

2) The crime No. 5 of the facts stated in the judgment below against the Defendant was only two bags containing a total of 150,000 won in cash, USD 12 in the United States, USD 200 in the Chinese currency, and swine storages, and the total amount of KRW 230,000 in the swine storages to KRW 240,000 or KRW 240,000 in the swine storages and there were only two sheets.

Nevertheless, the court below erred by misunderstanding the facts that the court below found all of the facts charged.

B. The lower court’s sentence against an unfair defendant in sentencing (4 years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the Defendant’s assertion to the same effect as in the judgment of the court below in the judgment of the court below, the court below held that ① the victim M was stolen with gift certificates and bags consistently from the time of initial report, as stated in the judgment of the court below.

The statement (Evidence No. 11, 140, 213, 214 pages), 2. The victim was stolen of kin's gift certificates or bags that fall short of the high level and fall short of the high level of compatibility.

In light of the fact that it is difficult to find a false or exaggerated reason or motive for making a statement, there is credibility in the victim's statement. Thus, the defendant can fully recognize the fact that the defendant stolen three copies of merchandise coupon No. 4 as stated in the facts constituting the crime in the judgment below, which is owned by the victim.

The decision was determined.

2) The evidence duly adopted and examined by the lower court along with the aforementioned circumstances duly announced by the lower court to determine the party’s deliberation, and the following circumstances recognized by the instant pleadings, i.e., the victim M, (i) written statement on December 27, 2017, which is the day of the instant crime, shall be prepared to the investigation agency.

arrow