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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. As to the Defendants’ special larceny among the facts charged in the instant case, even if the Defendants jointly committed theft against the victim, the lower court acquitted the Defendants of this part of the charges, which led to the mistake of the facts and adversely affected the conclusion of the judgment.
B. The lower court’s sentence against Defendant A (two years of suspended sentence in October) that was unfair in sentencing (two years of suspended sentence in prison) is too unhutiled and unfair.
2. Determination
A. As to the assertion of mistake of facts, the lower court determined that the Defendant A’s investigation agency and the court of the lower court, which stolen the victim’s property together with the Defendant B as evidence consistent with this part of the facts charged, did not have credibility in light of the circumstances known by the records of this case, and thus, it is difficult to believe it, and there is no other evidence to acknowledge it otherwise.
2) In determining the credibility of a confession of the relevant legal principles, determination should be made by taking into account all the circumstances, such as whether the content of the confession statement itself is objectively reasonable, what is the motive or reason for the confession, what is the developments leading to the confession, and what is not contrary to or contradictory to the confession among the circumstantial evidence other than the confession.
B. In a case where a criminal defendant consistently led to the confession from an investigative agency to the trial date, and reversed his/her own confession from the trial date, in addition to examining the credibility of his/her confession statement, the following should be examined: (a) the motive or reason behind the reversal of his/her confession, together with the motive, reason and circumstances leading up to the reversal of his/her confession, and the contents of his/her statement after the investigative agency; and (b) whether there is any supporting evidence (see Supreme Court Decision 2015Do17869, Oct. 13, 2016).