beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error and inappropriate sentencing)
A. In fact that the mistake of facts in the room of this case where customers can easily access the coffee, the defendant found a place where the room of this case can be easily accessed, and the defendant only opened a place where the room of this case was accessible, and there was no fact that the defendant was asked to access the room at the time of initial entry, and therefore, entered the room of this case where the victim was allowed to have access to the room of this case, and even though there was no intention to have access to the room of this case, there was no intention to have access to the room of this case, the court below found the defendant guilty of the charge of this case, which affected the conclusion of the judgment by misunderstanding the facts.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.
2. Determination
A. In determining the credibility of a confession in the court of first instance, it cannot be said that the probative value or credibility of the confession is doubtful solely on the grounds that the confession in the court of first instance differs from the testimony in the court of appeal. In determining the credibility of a confession, the credibility of the confession should be determined by taking into account the following: (a) whether the contents of the confession’s statement have objectively rationality; (b) the motive or reason behind the confession; (c) what is the motive or reason behind the confession; and (d) whether the confession does not conflict with or conflict with the confession among other evidence than the confession (see Supreme Court Decision 2010Do2556, Apr. 29, 2010). According to the evidence duly adopted and examined by the court below, the defendant led to a confession after sufficiently reviewing the facts charged in this case in the court of appeal; and (d) the defendant tried to have the favorable address in the sentencing. The defendant appears to have sufficiently known the meaning of the confession in the court of appeal; and (d) whether there is any circumstances that may give reasonable doubt.
(b)in addition,