특정범죄가중처벌등에관한법률위반(절도)등
1. The part of the judgment below regarding the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
2. Of the lower judgment.
1. Summary of grounds for appeal;
A. Part 1 of the defendant's case is erroneous or misunderstanding of legal principles) The defendant and the respondent for medical treatment and custody (hereinafter "the defendant") did not steal the victim's wallets.
The statements of the victim D, which correspond to this part of the facts charged, are merely merely based on the abstract side, and the statements of the defendant at the police have been made in a situation where the defendant's intellectual disability 3 has a very low mental capacity compared to ordinary people, and have consistently made the statements since the correction immediately after the statement was made, and the defendant did not have any cellular phone in addition to cellular phone.
Nevertheless, the judgment of the court below which recognized that the defendant stolen from the victim D to the victim, is erroneous in misunderstanding of facts.
B) Although the Defendant, as to the theft of KRW 1.5 million in cash owned by the victim G, would bring about an envelope set on the counter of entrance and departure from the bank by the victim G, the Defendant did not have money in the envelope. Nevertheless, the judgment of the court below that recognized the Defendant that the Defendant stolen KRW 1.5 million from the victim G, was erroneous in misunderstanding of facts, and the Defendant’s wife suffered from the police officer who was assaulted by the Defendant in relation to the fact of the injury, is minor, and thus, it does not constitute an injury, the court below found the Defendant guilty of this part of the facts charged, and there is
2) The lower court’s sentencing on the Defendant of unreasonable sentencing (three years of imprisonment) is too unreasonable. B. The part on medical treatment and custody (the Defendant, who does not need medical treatment, may not go through medical treatment as an congenital intellectual disability). Therefore, there is no need for medical treatment and custody.
Nevertheless, the lower judgment that declared the Defendant’s medical treatment and custody is unlawful.
2. Determination
A. Determination of mistake or misapprehension of legal principles as to the part of the defendant's case shall be made.