특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. In relation to the crime in K, N, and Q, there is sufficient evidence to reinforce the confession of the Defendant, such as the telephone statement hearing report to the victims, on-site confirmation photographs, etc.
B. The sentence imposed by the lower court is too uneasible and unreasonable.
2. First of all, we judge the mistake of facts and misapprehension of legal principles.
The reinforced evidence for confession is sufficient to prove that the confession of the accused is not processed, even if the whole or essential part of the crime is not sufficient to acknowledge the whole or essential part of the crime.
In addition, indirect or circumstantial evidence, which is not direct evidence, can also be reinforced evidence, and if facts constituting a crime can be acknowledged as a whole as evidence of guilt, it is sufficient to establish evidence of guilt.
(see, e.g., Supreme Court Decision 2017Do20247, Mar. 15, 2018). The Defendant, at an investigative agency, voluntarily made a criminal act in K, N, and Qu cafeteria, and maintained its consistent statement to the lower court, and there is no circumstance to suspect the voluntariness of confession.
Among the police investigation reports (on-site verification of confession and domination of a suspect) duly adopted and investigated by the court below, the data on field-finding photographs are evidence showing not only the appearance of K, K, N, and Qu, but also the structure and entry route of a restaurant, the location and lock of equipment such as air conditioners, air conditioners, air conditioners, and air conditioners, etc., and the form and place of food kept.
The contents of the telephone statement with the victims are the statements about the place and method of keeping food at the time of the crime at the time of the crime in the above restaurant and the method of keeping the food at the time of the telephone statement, which correspond to the above on-site confirmation photograph.
This investigation report is about specific methods of crime and theft objects.