특정범죄가중처벌등에관한법률위반(절도)
Defendant
All appeals by prosecutors are dismissed.
1. According to the evidence revealed in the record, the court below found the defendant guilty of other larceny crimes in relation to this comprehensive crime on the grounds that it is insufficient to recognize that the defendant has stolen one of the 110,00 won at the market price, which is the non-victimed victim, from November 13, 2013 to 18:00 among the facts charged against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was prosecuted for a single comprehensive crime."
However, the defendant filed an appeal against the guilty portion, and the prosecutor filed an appeal against the acquittal portion for other reasons except the acquittal portion for the above reasons.
Accordingly, although the part of acquittal on the grounds in the judgment of the court below was judged in the trial, the part of acquittal on the grounds in the judgment of the court below was also judged in the trial, but the prosecutor's appeal did not file an appeal, and thus, it is not possible to decide on the part of innocence because it had already gone out of the object of attack and defense between the parties (see Supreme Court Decision 90Do2820, Mar. 12, 1991). Thus, this part of the judgment of the court below is to follow the conclusion of
2. Summary of grounds for appeal;
A. Defendant 1’s mistake of facts or misapprehension of legal principles did not steals any article recorded in the facts charged at the place indicated in the instant facts charged.
In addition, there is no objective evidence to prove guilty of the facts charged.
Nevertheless, the lower court found the victims’ statements to be guilty of some of the facts charged in the instant case.
Ultimately, the judgment of the court below is erroneous.