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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall pay a theft to an applicant for compensation 750.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was under the supervision of the Daejeon Probation Office of Probation of the time of committing the crime as stipulated in paragraph (1) of the crime sight table in the judgment of the court below and could not block the above crime because he was absent from his domicile.
B. The sentence of unfair sentencing (long-term 10 months of imprisonment and short-term 8 months) by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was found to have been sentenced to an irregular term of punishment on the ground of appeal by the Z students as provided in Article 2 of the Juvenile Act at the time of the decision of the court below, but a regular term of punishment should be sentenced as he has reached the age of majority. In this regard, the judgment of the court below cannot be maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
3. The following circumstances acknowledged by the lower court and the first instance court’s judgment on the assertion of mistake of facts comprehensively adopted and examined the evidence, namely, ① the crime described in paragraph (1) of the crime sight table as indicated in the holding of the lower court, are stated at an investigative agency that the Defendant had stolen cash and four 100,000 won check from around 02:0 on August 8, 2012 to around 03:0, and thus, the Defendant first became aware of the crime. ② The Defendant discovered a bank inside the car and stated that the check was used by changing the number of 10,000 won check and cash from the wall in cash in one bank. In light of the following circumstances: (a) the credibility of the statement was high; (b) the victim D installed a vehicle before the main vehicle; and (c) the victim D made a statement that the check and the check were stolen within 100,000 won.