일반건조물방화등
The defendant's appeal is dismissed.
Of the facts charged in the instant case, the court below erred by misapprehending the legal principles on the gist of the grounds for appeal, and did not err by misapprehending the legal principles, and there is no evidence of reinforcement to support the confession.
Nevertheless, the court below found the defendant guilty on the basis of only the confession of the defendant, and there is an error of law by misunderstanding the legal principles of evidence evidence and reinforcement evidence.
The punishment of the court below (two years of imprisonment) is too unreasonable.
Judgment
The evidence of misunderstanding the legal principles is sufficient if it is sufficient to recognize that the confession of the defendant is true, not processed, even if the whole or essential part of the facts constituting the crime is not acceptable, and it is sufficient to prove the facts constituting the crime as a whole as evidence of guilt (see, e.g., Supreme Court Decisions 2008Do2343, May 29, 2008; 201Do8015, Sept. 29, 201). According to the evidence duly examined and adopted by the court below, the police officers of the Korean Government Police Station who received the victim H’s theft were arrested and detained on December 7, 2015 (the police officers of the Korean National Police Agency, who received a request for fingerprinting, requested the Defendant to have his fingerprints taken out to the scene of the crime on December 14, 2015; 2000Do8015, Feb. 14, 2015).