절도등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Of the facts charged in the instant case, larceny.
1. Summary of grounds for appeal;
A. The Defendant, by mistake of facts or misapprehension of legal principles, did not have the intention of larceny or illegal acquisition of the victim’s new accusation owned by the victim D, and thus, the Defendant is not guilty of larceny since he obtained the possession by negligence.
B. Under the influence of the Defendant at the time of the instant crime, the Defendant was in a state of mental disability.
C. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.
2. Determination
A. The judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles and the following facts that can be recognized by the evidence duly adopted and investigated by this court, namely, the defendant living together with the victim for about 13 years around February 2013. The defendant left the house of the victim living together for about 13 years, and accordingly, the defendant intrudes into the victim's residence to bring about his books, clothes, and shoes, and the victim argued that he would bring about the victim's new attack in order to give H, but the size of the victim and H differs from that of the victim. In light of the following circumstances, it is difficult to view that the defendant has proved that there was an intention of unlawful acquisition of women's sports and bratization.
Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts or misapprehension of legal principles.
B. According to the judgment of the court below and the evidence duly admitted and examined by this court, it does not seem that the defendant had the weak ability to discern things or make decisions due to excessive drinking at the time of the crime of this case. Thus, the above argument by the defendant is without merit.
3. Accordingly, the defendant's appeal is reasonable and unreasonable.