A. In order to eliminate the facts charged by mistake of facts and violation of Acts and subordinate statutes related to the packing of food at a restaurant located in the court room around May 2013, 2013, the occurrence of a cafeteria employee and the police officer who called up after the occurrence of a trial expense, in order to cut off three the Defendant’s fingers during the investigation process. The Defendant did not have visited the convenience store, Schlage, cafeteria, etc. as stated in the facts charged.

B. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and violation of law: ① the defendant was in possession of a physical card and a credit card settlement terminal device in the name of the defendant used for the crime of this case at the time of arrest; ② the victims mentioned the face of the defendant, the form of head, the color of the defendant's face, and the shape of the roof by breaking the left hand, and the defendant is in the investigative agency or the court of the court of the court; ③ the defendant can be confirmed by using the above physical card at the time of committing the crime through sales slips; ③ the CCTV images installed at the place of the crime of this case; ③ the fact that the defendant was able to operate the cash settlement terminal by operating the cash settlement terminal in the way that the defendant tried to settle the above form at the place of the crime of this case; ④ the defendant committed the crime of fraud in the same manner as the crime of this case.

처벌받은 전과가 있는 점, ⑤ 또한 CCTV 영상에 의하면 피고인은 이 사건 범행 당시 이미 왼손을 다친 상태로, 경찰 수사과정에서 왼쪽이 골절되자 경찰이 이를 무마하기 위하여 피고인에게 누명을 씌웠다는 주장도 믿을 수 없는 점 등을 종합하면, 피고인에 대한 이 사건 공소사실을 넉넉히 인정할 수 있고 원심판결에...