절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Prosecutor of the gist of grounds for appeal: ① mistake of facts and misapprehension of legal principles (except for cash among each larceny crime against AC and AL, i.e., precious metals, gift certificates, etc.; no evidence exists as to such theft) and ② unreasonable sentencing
2. Determination
A. The evidence duly adopted and examined by the court below that the defendant's mistake of facts and misapprehension of legal principles (in particular, a statement of AC, AL preparation, investigation report (the victim's confirmation of the damage) and internal investigation report (the victim's other party statement hearing), the victim AC stated that the defendant's net panty panty panty panty panty panty pande pande pande pande pande pande of the back of the vehicle with cash together with cash, and that the cash pande pande pande pande pande pande pande pande of the vehicle no more than once after reporting the theft crime, the defendant and others did not find the net pande pande pande pande pande pande, the victim AL also appears to be a clerical error of "AC" in relation to stolen goods other than cash. < Amended by Act No. 1500, Apr. 1, 2008>
According to the above facts, the victim AC andL recognized that the cash stored in the vehicle was stolen from precious metals, such as panty panty, etc., which were kept together with the bank. In light of the above circumstances of damage, etc., it cannot be deemed that the above victims included some of the damaged articles that the victims did not lose and reported the details of damage.
The defendant's assertion of mistake and misapprehension of legal principles is not accepted.
B. B. Prior to the judgment on the assertion of unfair sentencing by the ex officio judgment and the prosecutor, this paper examined ex officio.
On August 30, 2019, the Defendant was sentenced to seven months of imprisonment with prison labor for larceny, etc. at this court (2019No254) and the said judgment became final and conclusive on September 7, 2019.