절도등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (defluence of facts or misapprehension of legal principles) was difficult for the defendant to take economic circumstances at the time, in light of the relationship between the defendant and the victim, the defendant was aware of the victim's body card password and the victim's friendly relationship, and the victim has no reason to dismiss the defendant. In light of the above, there is credibility of the statement in D's investigative agency, and there is sufficient proof as to the larceny, and at the time, the defendant enters the victim's residence for the purpose of larceny. Therefore, the crime of
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby acquitted the Defendant.
2. Determination
A. The summary of the facts charged of this case is around 16:30 on November 13, 201, when the defendant was a foreigner of Chinese nationality who was staying in the Republic of Korea as a trainee of the Korea Institute of fish of Seoul University, and went into the victim's residence against the victim's will in order to steals the victim's body card from the victim D's residence located in Dongjak-gu Seoul Metropolitan Government 305 on November 13, 201. On the same day, the defendant invaded the victim's residence against the victim's will, and at the central hospital located in the Dongjak-gu Seoul Metropolitan Government So-gu Central Hospital located in Black-dong, Dongjak-gu, Seoul. At around 16:52 on the same day, the defendant, while the defendant was living in the victim D's house, was taking off the victim's body card at the joint shower place to show the shower, and then withdrawn the victim's name by 1360,000 won after entering the above check card at the bank's cash withdrawal machine.
B. The conviction in a false criminal trial for conviction ought to be based on evidence of probative value, which leads to the conviction that the facts charged are true to the extent that there is no reasonable doubt, so that the prosecutor’s proof does not sufficiently reach the extent that the conviction would lead to such conviction.