절도
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted with the summary of the grounds for appeal (misunderstanding of the facts), the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although the defendant could fully recognize the fact that he stolen the victim's expansion, etc. as stated in the facts charged.
2. Determination
A. On December 23, 2016, the Defendant: (a) around 21:08, at the Dongjak-gu Seoul Metropolitan Government Da 2’D (hereinafter “D”) restaurant, the summary of the facts charged brought about a wall containing one set of cash 270,00 won, credit card 1, and five physical cards installed by the victim E in the “D” restaurant (hereinafter “the instant point spread”); (b) the lower court determined that the Defendant was unable to easily put the victim’s gate into the front left side of the fishing vessel; (c) it is difficult to recognize that the Defendant was not guilty of the aforementioned materials by the Defendant, including the above male gate, on the ground that there was no other evidence to acknowledge that the Defendant was not guilty of the said materials, and that there was no other evidence to acknowledge that the Defendant did not have any other evidence to prove that the Defendant was an adult gate.
(c)
According to the CCTV video that was submitted for the deliberation of the party, the defendant's driving was sitting at the upper right corner of CCTV images, and the victim's driving was sitting at the upper left top of the upper left, and the victim's driver's driver's driving on the lower left side of the two sides, and the above is the defendant's driver's driving.