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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
In full view of the circumstances such as the fact that the victim of misunderstanding of facts stated the mobile phone of this case in the bus seat, the fact that the defendant was faced with the victim's seat, the head of the room, etc., and the fact that the victim was faced with the phone loss immediately after the bus was left from the bus, but all of the victims got out of the phone, it should be deemed that the defendant stolen the mobile phone of this case. However, the judgment of the court below which acquitted the defendant of this part of the charges, is erroneous in the misunderstanding of facts.
The sentence of unfair sentencing (one year and six months of imprisonment) of the lower court is too unhued and unfair.
Judgment
Around 14:00 on December 9, 2017, the summary of the facts charged in this part of the judgment of misunderstanding of facts was found within GH H high-speed bus (hereinafter “instant bus”) parked in the front stop located in Ansan-gu, Sinsan-si, Sinsan-si (hereinafter “instant bus”). The Defendant discovered 71 opphone (hereinafter “instant mobile phone”) equivalent to KRW 1,000,000 at the market price of the victim’s possession, which is the victim’s possession, placed in the seat while getting out of the bus by the victim I, and stolen it.
Even if the main point of the judgment of the court below is based on the black image data of the bus of this case, the head of the defendant's cell phone of this case is not clearly identified, and the evidence submitted by the prosecutor alone is insufficient to recognize this part of the charges.
The following circumstances, which can be acknowledged by the evidence duly adopted and examined in the court below's judgment, namely, ① the victim stated that he had been placed in the bus seat of this case, ② The bus image of this case showed that the defendant had been placed in the seat of the victim in the process of getting out of the bus of this case, and ③ the defendant and the victim have taken the face of the behavior that the defendant seems to have been seated in the seat of the victim in the process of getting out of the bus of this case.