절도등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not steals or use the victim C’s DNA cards, as stated in the instant facts charged.
B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. On August 24, 2019, around 16:20 on August 24, 2019, the Defendant stolen the victim’s possession card while being kept in the victim’s cell phone cases in the construction site located in Yongsan-gu Seoul, Yongsan-gu, Seoul.
2) On August 24, 2019, the Defendant: (a) around 16:3 on August 24, 2019, at the bus stop located in Yongsan-gu Seoul Central Technology Education Center (Seoul Central Technology Education Center, Bluu Quak Qua), the Defendant settled KRW 1,200 of bus charges by using a stolen C’s DNA card, such as paragraph (1); (b) the Defendant, at around 17:40 on the same day, presented that the Defendant had a legitimate right to use the 45,00 won from G operated by the non-victim of the name located in Dobong-gu Seoul Metropolitan Government F, and KRW 45,00,00 to pay KRW 10,00 to the victim under the Dobong-gu’s name and KRW 45,00,00, “10,000,” and the Defendant, as if he/she purchased the stolen card at around 20,000, 140,000, 30,000 name and 3.