절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the Defendant did not steals a mobile phone at C main points as stated in the judgment below, but even though the Defendant found and brought about the victim’s mobile phone in front of the Lee Tae-won Fire Station around 23:00 on the same day, the judgment of the court below which punished the Defendant as larceny is erroneous by mistake of facts or by misapprehending legal principles.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the Defendant denied the facts charged in this case by examining ex officio prior to the judgment on the grounds for appeal of ex officio judgment, and this court revoked the order of the court below that the Defendant decided to judge in accordance with the summary trial procedure pursuant to Article 286-3 of the Criminal Procedure Act on the grounds that the confession of the Defendant was not reliable on the third trial date. In this respect, the court below cannot be maintained further
On the other hand, the prosecutor maintained the theft as the primary charge while maintaining it as the primary charge, and applied for the amendment of the bill of amendment to the indictment with the addition of Article 360(1) of the Criminal Act to the applicable provisions of the Criminal Act. Since the object of the trial is changed by this court's permission, the judgment of the court below cannot be maintained any more in this respect.
However, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, and the following is examined.
B. (1) The summary of the facts charged and the summary of the larceny, which is the primary facts charged in the instant case, of the judgment of the court below, are as follows: around 19:00 on July 13, 2013, the Defendant: (a) committed a theft with a galthopt 2 cell phone in an amount equivalent to KRW 880,00,00 in the market price of the victim D when she died while she worked at the Cju store located in Yongsan-gu Seoul, Yongsan-gu, Seoul; and (b) the lower court considered the victim D’s written statement, the seizure record, and the investigation result report containing some statements made by the