[criminal power] On August 12, 2015, the Defendant was sentenced to one year of imprisonment for habitual night building intrusion larceny at the Seoul Central District Court, and one year of imprisonment for larceny at the same court on October 5, 2016. On November 21, 2017, the same court was sentenced to one year of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Ansan Prison on October 16, 2018.

【Criminal Facts】

On January 8, 2019, at around 03:06, the Defendant discovered that the injured party B (the male and the 63 years old) was locked at the seat of the 190 Gangnam-nam passenger bus terminal No. 1 boarding room south of Seocho-gu Seoul, Seocho-gu, Seoul, and that the injured party B (the son and the 63 years old) was locked, and three (3) the injured party’s market price under the above victim’s ownership was changed in the indictment as above, but the injured party part of the facts charged prior to the change in the instant case was disputed at the issue of the oral proceedings, and the prosecutor finally revoked the application for a witness. Therefore, the lower judgment is made as follows.

The prosecutor specified the amount of the pertinent damaged goods that there was a cash of two million won in the above bank on the ground of the victim B’s statement. However, ① the victim’s application for witness was withdrawn due to the victim’s unknown whereabouts and so long as the defendant’s defense counsel did not cross-examine, it is difficult to believe only the B’s statement during the investigation process as it is, and ② even if the victim’s statement is based on the victim’s statement, the financial resources of KRW 2 million in cash are gathered for ten years from the receipt of remedy, etc. from C pastor. However, according to the investigation process and the contents of the non-existence statement submitted to this court, it is consistent that the victim did not have any such large amount of money (the same purport is consistent that it is merely that the degree of KRW 2 million in the above year is equivalent to that of the victim). ③ Therefore, although some cash might have been paid in a bank, there is no objective material to prove that the amount was 2 million won in the above amount.