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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence of mistake of facts, even if the defendant was found to have committed a crime of kiding theft committed on December 16, 2013 in collaboration with Co-Defendant B (hereinafter “B”) prior to the separate judgment, the judgment of the court below that acquitted the part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence of imprisonment with prison labor for one year, two years of suspended execution, and one hundred and twenty hours of community service, which the court below sentenced the defendant, is unreasonable.
2. Judgment on the assertion of mistake of facts
A. At around 14:00 on December 16, 2013, the Defendant and B, at the 407 gallony department store “I” store in Gangnam-gu Seoul, Gangnam-gu, Seoul, 207, using the gap in which the victim J and K’s surveillance was neglected, the Defendant considered B as a view of the network, and Party B took off the property managed by the victims by inserting one knife at the display stand, and Party B, which was 250,000 won at the market price, was deducted from the display stand.
B. The lower court determined that, although the Defendant appears to have been passive in advance on B’s theft plan to a certain extent, it cannot be ruled out that the Defendant’s action was aimed at facilitating the theft under the implied communication with B, and that it was not guilty of having committed a simple larceny, and that the Defendant committed a theft jointly with B.
C. In order to establish a special larceny in the case of theft of another's property by combining two or more persons under the latter part of Article 331(2) of the Criminal Act, there should be a conspiracy as a subjective element and a sharing of action as an objective requirement.
A public offering is not a legally required type of punishment, and thus a crime is committed directly or indirectly between accomplices.