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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The misunderstanding of facts caused misunderstanding of facts to bring about the Hunbes, gas sirens, air conditioners, and gas supply which are left in abandoned houses.
Therefore, it is thought that the boiler and air conditioner remaining in the vacant house of this case were old things, and the F, which collected the water, did not have the intention of larceny.
The sentence of the lower court on unreasonable sentencing (fine 500,000) is too unreasonable.
Judgment
In full view of the following circumstances revealed in the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e.,: (a) E made a statement at an investigative agency that “I merely bring the Defendant into the clothes and gas source, and there is no fact that I would bring about air conditioners or gas sirens; (b) the Defendant did not confirm whether I had the damaged goods of this case; and (c) the damaged goods of this case were attached inside the house and used while E while living before the 1 month of the instant fire and the house were anticipated to be removed immediately, and thus, it is difficult to deem the Defendant to have renounced his ownership. Therefore, the lower court did not err by misapprehending the facts.
It is a favorable circumstance that the defendant does not have the same criminal record on the argument of unfair sentencing.
However, the court did not recognize one’s own mistake until this court, and the fact that the injured party or the injured party did not agree with the injured party is disadvantageous. In full view of various sentencing conditions as shown in the argument of this case, such as the background of the crime of this case, the circumstances after the crime of this case, the defendant’s age, character and conduct, etc., the court below’s punishment is too unreasonable. Thus, the defendant’s assertion
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.