절도
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. Although the Defendant did not commit a theft of each of the instant clothes, the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.
B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.
2. Determination
A. On May 14, 2016, the Defendant committed the instant charges: (a) from around 14:5 to around 15:00 on May 14, 2016, the Defendant: (a) committed the crime by entering a “F store managed by the victim E of the second floor of the D store B block in the field of wave during the period from around 14:5 to around 15:00; and (b) was stolen by means of hiding away from the body.
2) On August 6, 2016, the Defendant committed the crime of August 6, 2016 indicated the total market price of KRW 62,600,600, which was displayed in the above store from around 17:40 to around 18:00, as stated in paragraph (1), at the place specified in paragraph (1), but appears to be a simple clerical error.
Considering a considerable amount of two clothes (one pluging type, one pluging type, and one pluging type), it was taken into a slope, and then stolen the damaged goods out of the store as they are, by means of saving the damaged goods in his/her co-art and discharging them out of the store.
B. The lower court’s judgment, based on the evidence as indicated in its reasoning, follows: (i) the Defendant: (a) carried the damaged articles and other clothing in the above store at each time, citing them into the studio of the store; (b) the Defendant stringing the cot after a locking; (c) placed the clothes excluding the damaged articles either either string at the string room or string room at the string room; and (d) did not discover the damaged articles while the employees of the store at the time confirmed the studio and arranged the clothing set up before the studio; and (d) in light of the clothes, behavior, etc. of the customers taken in CCTV, even if the Defendant immediately went to the studio by another customer at the string room.