The defendant's appeal is dismissed.

The Defendant, as to the summary of the grounds for appeal, thought that the money collected by himself was the money recovered as the sale price of adult products, and did not have the intention of intrusion into residence and theft.

The punishment sentenced by the court below (one year and six months of imprisonment, confiscation) is too unreasonable.

Judgment

In a case where a criminal defendant denies his/her criminal intent, which is a subjective element of a constituent element of a crime, the criminal intent itself cannot be objectively proved. Therefore, it is inevitable to prove it by means of proving an indirect or circumstantial fact relevant to the criminal intent due to the nature of the object.

At this time, what constitutes an indirect or circumstantial fact should be determined by a reasonable method of determining the link of facts with a thorough observation or analysis based on normal empirical rule.

Unlike the gross negligence, the willful negligence of one kind of intention is the possibility of the occurrence of the crime, and the intention of internal deliberation to allow the risk of the crime to occur.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated at the lower court, the Defendant was at least aware of the likelihood of committing a crime, based on the form of an act that was externally revealed and the situation of an act, etc., without depending on the statement of the offender, and the general public’s psychological status ought to be confirmed from the standpoint of the offender (see, e.g., Supreme Court Decision 2016Do15470, Jan. 12, 2017). In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant was aware that the Defendant was at least aware of the intention of intrusion into residence

full recognition may be accepted.

Therefore, the defendant's assertion of facts is without merit.

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