특정범죄가중처벌등에관한법률위반(절도)등
All appeals by the defendant and the prosecutor are dismissed.
1. Judgment on the prosecutor's assertion of mistake of facts (the part not guilty of the reasoning of the judgment below)
A. According to the evidence presented, the judgment of the court below which acquitted the victim of the charge on the theft of the victim L, despite all of the facts charged, is erroneous in the misapprehension of facts.
B. The lower court recognized the circumstances as indicated in its reasoning by comprehensively taking account of the adopted evidence, and based on this, proved that this part of the facts charged is beyond reasonable doubt.
It is difficult to see
The Court rendered a not-guilty verdict.
Examining the various circumstances cited by the lower court in a thorough and consistent manner with the record, there is no reasonable circumstance to deem that the lower court’s determination of evidence was clearly erroneous or that the argument leading to the acknowledgement of facts is significantly unfair due to the violation of logical and empirical rules.
We do not accept the Prosecutor’s assertion that the lower judgment erred by mistake in fact on the premise different from this premise.
2. The Defendant asserts that the sentence of the lower court is too excessive and unfair, and the prosecutor asserts that the sentence against the Defendant is too unfasible and unfair.
In this case, in full view of the circumstances favorable to the defendant, including the circumstances favorable to the defendant, such as the fact that the defendant had been punished for larceny several times, and the fact that the crime of larceny of this case was committed again without being aware of even though it was committed for the same crime, and that the damage amount caused by the crime of this case is small amount, and that the defendant deposited the amount in excess of the amount of damage for the victims, etc., the sentence of the court below exceeded the reasonable scope of discretion and the sentencing conditions shown in the records and arguments.
shall not be deemed to exist.
All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.
3. Conclusion.