Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts, and improper sentencing) (1) did not commit the larceny of this case.
It is true that the defendant committed the larceny crime.
It is not a theft that malicious cream and white cream.
(2) The sentence sentenced by the first instance court (one year of imprisonment) is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too uneasible.
2. Determination
A. The first instance court’s judgment on the Defendant’s assertion of mistake of facts can sufficiently recognize the fact that all the damaged goods of this case, including the Defendant’s cream and whiteing, were stolen on the grounds of the circumstances indicated in its reasoning.
The decision was determined.
In light of the evidence and records duly adopted and investigated by the first instance court, the first instance court's judgment is just and acceptable, and there is an error of law by mistake of facts alleged by the defendant.
shall not be deemed to exist.
B. There is no change in circumstances that may be considered in sentencing after the judgment of the first instance court for determining the unfair argument of sentencing, and considering the various conditions of sentencing as shown in the records and arguments of this case, even considering the circumstances asserted by the defendant and the prosecutor on the grounds of appeal, the first deliberation sentence against the defendant cannot be deemed too narrowly or unreasonable.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.