야간건조물침입절도
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, as indicated in the instant facts charged, has never stolen a color door containing three keys of KRW 780,000 and KRW 780,000 in cash at D offices, as indicated in the instant facts charged.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant’s assertion of mistake of facts is rejected.
A. On June 10, 2020, on June 10, 2020, after the completion of the crime, the criminal of this case was all the same day (hereinafter referred to as “the same day when mentioning time”; thus, on the other hand, he was boarding a cab in front of L located in the Seo-gu Busan Metropolitan City (O), and went back from 23:55 to Na (O) in Busan Metropolitan City (hereinafter “the convenience store of this case”). The defendant entered Q (hereinafter “the convenience store of this case”) in Busan Metropolitan City P around 23:56.
The lower-class place of the instant offender and the convenience store of the instant case are temporally consistent with the instant offender’s criminal records and the Defendant’s criminal records in one minute distance.
B. Before committing the instant crime, the instant offender was leashing a mix of about 35 cm in length and about 25 cm in height. At the time of committing the instant crime, the instant offender used a mar-ray color colorer with the trademark attached to Myanmar, and entered the mar-ray color tag on the side, such as a white mar-ray trademark, etc. in the twitning clothes with a white trining.
At the convenience store of this case, the Defendant mixed a mix of a size similar to the above paper bags in a shoulder, applied a mixer with a trademark of Myanmar, and entered a mar in a color color with a trademark of Myanmar, and entered the mar in a color color with a trademark of white height on the side.
(e).