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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1 was found guilty of the facts charged in light of the following: (a) the time when the Defendant, at the time of the instant case, was divided and sitting down in the bus stop does not have few times; (b) it was not confirmed whether the Defendant possessed a bus, and there was no evidence to find the Defendant guilty of the facts charged in light of the following: (c) there was insufficient evidence to prove that there was no circumstance that people in the surrounding areas could put the Defendant into the clothes of the victim; (d) the lower court found the Defendant guilty of the facts charged, and (e) the sentence (three years
B. The above sentence imposed by the prosecutor by the court below is too unfortunate and unfair.
2. Determination
A. The Defendant asserted that the lower court did not attach the victim’s clothes to the same purport as the grounds for appeal.
The court below rejected the defendant's assertion that, under the title of "Determination on the argument of the defendant and his defense counsel" in the judgment, the defendant boardedd the H bus around 09:48 on April 12, 2014 and moved to the opposite direction of the bus stop at D around 09:54, and returned to the bus stop and returned to the bus stop for about 3 minutes after the bus stop and returned to the bus stop at about 00 minutes after the bus stop stop at around 09:58, the defendant 10 seconds down from the bus stop at about 10 seconds, and there is no other person to attach a fire near the bus stop at the time except the defendant, and it is difficult to find any other cause of outbreak. After about 1 minutes, the victim and the persons who were sitting in the bus stop at the bus stop at around the bus stop at about 09:58, thereby recognizing the defendant's assertion that the victim's clothes attached to the bus stop.
Examining the above facts admitted by the court below in comparison with the evidence duly admitted and examined, the court below's aforementioned facts are recognized.