A. misunderstanding of facts or misunderstanding of legal principles, the Defendant discovered a large number of telephone numbers suspected of committing a crime in Nowon-gu owned by the victim E, and came out for the purpose of reporting them to the police, so the Defendant did not have the intention of larceny or illegal acquisition.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding of facts or by misunderstanding of legal principles.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty on the facts charged of this case by taking account of the evidence indicated in the judgment.

2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant was intruded upon the Victim C’s house, and the motive of the Defendant’s intrusion upon the Victim C house was to collect evidence of the inappropriate relationship between the Victim C and the Victim E; ② the Defendant discovered the phone number suspected of committing a crime in the Victim E’s E E-pt, and was for the purpose of reporting it to the police.

However, the defendant argued that he was trying to leave the Ha's home, one's own land, and did not immediately report it to the police. Rather, I reported it to the police with respect to the Ha's own house. ③ On November 14, 2017, the defendant was subject to a police investigation with the status of a stolen suspect. Nevertheless, the defendant did not mention all the fact of the Ha's winning of the Ha's house, and on the following day, the defendant reported the Ha's E's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha