절도
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Since the victim of mistake of facts or misunderstanding of legal principles makes a false statement, it is difficult to believe that the victim's statement seems consistent with the facts charged in the instant case, and the Defendant did not steals the victim's goods as stated in the facts charged in the instant case.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.
2. Determination
A. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance, unless there exist special circumstances to deem that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in light of the results of the first instance examination and the results of additional evidence examination conducted until the closing of argument in the appellate trial, maintaining the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is remarkably unfair, the appellate court shall not reverse without permission the judgment of the court of first instance on the ground that the first instance on the credibility of the statement made by a witness of the court of first instance is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2017Do7871, Mar. 29, 2018; 2008Do7917, Jan. 30, 209). The court below duly adopted the evidence and sufficiently admitted the facts of the defendant as stated in the facts charged in this case.
B. We examine the judgment on the assertion of unfair sentencing, and there is no change in circumstances that may consider the sentencing after the judgment of the court below, and multiple sentencing conditions specified in the records and arguments of this case.