(영문) 서울북부지방법원 2018.01.19 2017노2250

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Reasons

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(영문) 서울북부지방법원 2018.01.19 2017노2250

컴퓨터등사용사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the following: (a) Prosecutor 1) acquitted the part not guilty of the facts (2017 order 2519) and the fact that the Defendant’s DNA (DA) was discovered by keeping the receipt; and (b) the Defendant was aware of the fact that the wall receipt was kept in cash or whether CCTV was operated, the Defendant could fully recognize the fact that the Defendant stolen the wall.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. The lower court determined as to the prosecutor’s assertion of mistake of the facts that the Defendant’s DNA was found in the custody of the receipt, but determined that the evidence submitted by the prosecutor alone was insufficient to deem the facts charged as proven without any reasonable doubt, on the grounds that the evidence submitted by the prosecutor was insufficient, based on the circumstance that the Defendant had been other persons than the Defendant in the main place at the time, and that the Defendant had been working at the main place.

Comprehensively taking account of the evidence duly adopted after the examination of evidence, such judgment of the court below is just, and it cannot be found that the mistake of fact is illegal.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing by the defendant and the prosecutor.

In light of all the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is unreasonable or unreasonable, even if it is deemed that the Defendant and the Prosecutor were to have imposed heavy punishment on the grounds of appeal.

We do not accept the argument that the sentencing of the defendant and the prosecutor is unfair.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the defendant and the prosecutor are dismissed. It is so decided as per Disposition.

유사 판례

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