All appeals by prosecutors are dismissed.

A. Since the contents on the expiration date of the term of punishment for the part on the criminal records in the statement of mistake of facts and misapprehension of legal principles in the statement of grounds for appeal are merely indicated in the written judgment of the court below, it does not constitute a separate ground for appeal, and it shall be corrected ex officio pursuant to Article 25 of the Rules

In addition, the defendant, at the Daegu District Court on July 17, 2020, dismissed the prosecutor's appeal against a fine of 10 million won due to the crime of assault, etc., and the judgment was finalized on July 25, 2020. The defendant asserted that the number of days of pre-trial detention due to the above assault case is reasonable, and that there was an error of law that did not combine with the above case. However, since whether the arguments are joined or not belongs to the court's discretion, it shall not be deemed unlawful on the ground that the defendant did not combine with other cases against the defendant (see Supreme Court Decision 2008Do209, Oct. 23, 2008). The defendant applied for the consolidation with the above case to this court from June 8, 2020 to July 25, 2020, which became final and conclusive, this part of the claim is not judged separately.

1) In relation to the theft crime of October 11, 2019, ① the date the Defendant had the instant smartphone on which he had the seat on October 12, 2019. ② At the time, the Defendant thought at the time that the seat was abandoned, and there was no intention to commit a theft against the Defendant. ③ The instant building, which was the place where the seat was installed, was the commercial building on the first floor, and the first floor and second floor, was the public toilet, and it cannot be deemed that the Defendant invaded the victim C’s residence, which was the place where the general public had access. (2) In relation to the larceny crime of October 28, 2019, the Defendant was aware of the instant smartphone as his cell phone and returned it to the victim immediately after he was aware of his cell phone.