특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, although the defendant could sufficiently acknowledge the fact that the defendant stolen the victim J's property together with G and H, the court below accepted only the defendant's lawsuit and rendered a not guilty verdict on this part of the facts charged. The court below erred by misapprehending the legal principles.
B. The sentence of the lower court’s improper sentencing is too uneasible.
2. Determination as to the prosecutor's assertion of mistake of facts
A. The summary of this part of the facts charged is as follows: (a) the Defendant, G, and H’s joint criminal acts (special larceny) committed by the Defendant, G, and H; and (b) the Victim J, located in the Republic of Korea (Seoul, Jun. 12, 2016), around 09:30 on June 12, 2016; (c) the Defendant reported the network outside the main gate; (d) the H and G opened a gate and opened a gate up to the small bank; and (e) one bag containing two million won in cash, which is the victim’s possession.
They go back.
As a result, the defendant, G, and H stolen the victim's property together.
2) On June 13, 2016, the Defendant and G have come to the house of the above victim around 11:30 on June 13, 2016, the Defendant and G jointly committing the crime (special larceny) committed by the Defendant and G, and the Defendant reported the network outside the main gate, and G has a bag containing two million won in cash, which is the victim’s possession, into a small bank and small bank.
They go back.
B) The Defendant and G reached the house of the above victim around June 14, 2016, around 09:30, the Defendant and G, and the Defendant reported the network outside the main gate, and G enter a small room beyond the fence, and take out one bag containing KRW 2 million in cash, which is the victim’s possession in that room.
They go back.
As a result, the defendant and G stolen the victim's property two times in total.
B. The lower court’s judgment, in light of the following circumstances acknowledged by comprehensively taking account of the admitted evidence, did not believe each statement in G and H’s respective statutory and investigative agencies that seem to correspond to the facts charged in the instant case, and on the basis of other evidence submitted by the prosecutor, to the extent that the reasonable doubt is excluded.