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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the instant case of mistake of facts, Defendant C alone took part in the theft of each mobile phone of Defendant C, and Defendant A and B did not take part in the theft of Defendant C’s mobile phone.
The judgment of the court below that found this part of the facts charged as a special larceny is erroneous.
B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below on the assertion of mistake of facts, the following facts or statements are acknowledged.
① Defendant C led to the confession of all the facts charged in the lower court’s court.
Defendant
On May 2, 2013, A and B led to confession by the prosecution on the remaining special larceny except special larceny. On the first trial date of the court below, the confession of the above charges was made at the first trial date of the court below, and the rejection was commenced at the third trial.
② While Defendant C was stolen from his mobile phone at the lower court and the investigative agency, the lower court clearly stated that Defendant A and B driven the mobile phone and the networked in the nearby wife.
In the case of A and B, “in the same manner,” A asked “in the same situation,” and “I would like to be seen as a mobile phone,” A made a statement to the effect that “I would have been able to drive the car only, and I would have only a mobile phone,” and that “I would like to say I would have only a mobile phone,” and that “I would like in the case of B, I would like like in the case of A, B, and mobile phone special larceny.” The statement was made to the effect that Defendant A, B, and the mobile phone special larceny was made by very detail.
③ Defendant A and B acknowledged the fact that they had been specially stolen of the instant mobile phone from May 2, 2013 to around the 19th day of the same month that they did not board the instant vehicle with Defendant C, and accord with the confession made by Defendant C in the lower court’s court.
④ On May 2, 2013, with respect to special larceny of mobile phones from May 2, 2013, Defendant A and B are in Daegu BF on the first day at the prosecution.