특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts, mental or physical weakness, and sentencing unfair) (the amount of money stolen by the Defendant is not KRW 600,000,000, but also KRW 200,000 (misunderstanding of facts). At the time of committing the instant crime, the Defendant was in a state of mental or physical weakness with weak mental or physical weakness that lacks the ability to discern things or make decisions (the mental or physical weakness). The Defendant was sentenced to imprisonment with labor for two years, who is a sentence of the lower court, and confiscation are too unreasonable (unfair sentencing
A. The following circumstances revealed by the evidence duly adopted and examined at the court below's determination as to the assertion of facts. In other words, the victim D, upon receiving an investigation by reporting damage to the police around April 9, 2018, immediately after the Defendant's crime of this case, at around 17:45, on April 9, 2018, it appears that the victim: (a) specified the damaged goods with 14K gold-free, gold-free, gold-free, gold-free, gold-free, and cash-free KRW 60,00 (the KRW 30,000, KRW 60,000), and the victim corrected the right to only KRW 30,00,00 and it appears that the victim corrected the right to KRW 6,00 to KRW 30,00,000; and (b) the Defendant could not be found to have made a reasonable confession from the date of the crime of this case by taking account of the following circumstances: (c) the Defendant's reasonable evidence to the extent that it could have consumed the cash.
This part of the defendant's assertion is not accepted.
B. The circumstances leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s behavior at the time, etc., known by the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness.