A. In the case of the facts charged in the 2017 Highest 823 case, the Defendant merely stolen 15 liters, and the light oil price is KRW 1,200 through KRW 1,300 per liters ( KRW 1,229, Jul. 25, 2017). In light of the fact that the amount of damage was merely the amount equivalent to KRW 18,00 or KRW 19,500 at the market price. The lower court erred in the facts charged in this part, thereby that the Defendant stolen light oil equivalent to approximately KRW 80,00 at the market price.

In addition, there has been a mistake in recognizing it.

B. The sentence sentenced by the court below to the defendant (a prison term of eight months, confiscation) is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the assertion of mistake of facts on the following grounds (which is acknowledged based on the evidence adopted by the court below, the facts or circumstances are recognized) and the defendant stolen light oil equivalent to approximately KRW 80,000 at the market price as stated in this part of the facts charged.

The judgment of the court below that determined the person is just and there is no error of mistake in fact.

1) There is no reason to suspect that the Defendant was not voluntarily stated in the confession, and if there is no reason to suspect that there is no reasonable doubt, it entails evidence of reinforcement (see, e.g., Supreme Court Decision 92Do873, Jun. 12, 1992). It seems that there is no circumstance to suspect that the Defendant led to the confession of this part of the facts charged in the court below, and there is no reasonable doubt or reason to suspect that the confession was not voluntarily stated.

2) The victim C was aware of the Defendant’s act of theft, and the victim immediately reported to the police. According to the written statement prepared immediately after the victim C’s theft damage, the victim C’s entry of the truck fuel in light of the market price at approximately KRW 1.60,00,00,000 in the market price, and the transit of approximately KRW 80,000,000 in the market price corresponding to one half of the fuel container was stolen (the highest order of 2017).