특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The gist of the grounds for appeal is that the victim’s statement is reliable in light of the fact that the victim did not drink the alcohol at the time of the instant case, but did not only withdraw, and the police stated in detail the situation at the time of the crime.
On the other hand, the defendant voluntarily led to the crime by actively explaining the motive and background of the crime in the prosecution.
Nevertheless, the court below rejected the credibility of the victim's statement without reasonable grounds, and found the defendant not guilty on the ground that there is no evidence to acknowledge the facts charged by denying the substantial authenticity of the suspect examination of the defendant prepared by the prosecutor.
The judgment of the court below is erroneous in the misapprehension of the rules of evidence due to mistake of facts.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In the trial of the party, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the name of the defendant as "a person who habitually stolen", and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as "Article 332 of the Criminal Act" from among applicable provisions of the same Act, and since the same is changed by the court's permission, the judgment of the court below
However, the prosecutor's ground of appeal is still subject to the judgment of this court, and this is examined.
B. On August 12, 2010, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Central District Court on the instant facts charged, and on May 31, 2012, the Seoul Eastern District Court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a thief) at the Seoul East East District Court on the Aggravated Punishment, etc. of Specific Crimes (a thief) and was punished seven times for a same crime on April 4, 2014.
The defendant is habitually and habitually, around April 8, 2014, Yongsan-gu Seoul, Yongsan-gu, Seoul.