A. According to the evidence submitted by the Prosecutor (not guilty part of the judgment below), the fact that the Defendant, together with H, I, J, K, or L (hereinafter “H, I, J,K, and L”), stolen the property owned by C, or aids and abets H, etc. to steal the property owned by H, etc.

B. Improper sentence of the lower court (six months of imprisonment) is unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). Moreover, in light of the fact that an appellate trial belongs to the court and has the character as a post facto trial, and the fact that the appellate trial has the character as a practical direct trial as prescribed in the Criminal Procedure Act, and in light of the spirit of substantial direct deliberation as prescribed in the Criminal Procedure Act, there is insufficient proof to exclude a reasonable doubt after undergoing the examination of evidence by the first instance court.

In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely

The lower court, which concluded that the facts charged are not guilty, shall not be found guilty (see Supreme Court Decision 2015Do11428, Feb. 18, 2016). In so doing, the lower court is so decided.