특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant did not have any fact at the time specified in the facts charged of this case, and the Defendant was guilty of the facts charged of this case without theft of the victim’s counter-influence, which erred by misapprehending the legal principles or by
2. Determination:
A. 1) On August 12, 2016, the time of the instant crime, the Defendant did not go around 03:50 on August 12, 2016 at the place where the Defendant was at the place where the instant crime was committed, and on the 11st day of the same month, the Defendant entered the place where the said place was located at around 22:00 on the 11st day of the previous month.
The argument is asserted.
2) However, the following facts and circumstances revealed by the court below and evidence duly admitted and examined by the court below, i.e., the mobile phone call (M) in the defendant's name, i.e., the defendant's mobile phone call at 03:29 on August 12, 2016 to O (the mobile phone number in front of the P station according to the defendant's statement is the mobile phone number in front of the P station) at 45 seconds. The defendant's mobile phone call at 45 seconds from the base station in Q in Changwon-si, Changwon-si: 20 on the following day to the above 30-day mobile phone number at 0:0 on the 20-si, Changwon-si, the place where the crime of this case was committed, and the defendant's mobile phone call at 30:0 on the 20-si, Changwon-si, the location of the crime of this case was located near the base station at 20:30 on the 216-si.