특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
The summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles, and unreasonable sentencing) Defendant, on July 14, 2012, used the cell phone owned by the victim C with the consent of use from the victim C on July 14, 2012, and did not return it to the victim, the lower court, which recognized it as larceny, erred by misapprehending the legal principles or by misapprehending the legal principles
The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.
Judgment
Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the victim C is guilty of the act of taking the above mobile phone from larceny on July 14, 2012, since it can be acknowledged that the victim had sold the above mobile phone as used goods without the victim's permission, the act of taking the above mobile phone constitutes larceny, and the judgment below is just and there is no error of misconception of facts as alleged by the defendant.
In full view of the following circumstances: (a) the judgment on the assertion of unfair sentencing is examined; (b) the Defendant recognized most of the instant crimes and against his mistake; (c) the Defendant was punished several times by larceny and fraud; and (d) the Defendant was in the period of repeated crime at the time of each of the instant crimes; (c) the Defendant did not recover from damage caused by larceny; and (d) other circumstances, including the Defendant’s character and conduct, the motive and means of each of the instant crimes, and the circumstances after the commission of the crime, are considered to be adequate and unreasonable.
3. If so, the defendant's appeal is reasonable.