beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (the part on the larceny (the charge of larceny) of August 5, 2018) did not constitute a fact between the Defendant and the scene of the instant crime.
Nevertheless, the court below recognized the defendant as a criminal without direct evidence and found the defendant guilty guilty.
B. In light of the misconception of facts (the acquittal portion) and other circumstantial evidences, in light of CCTV images and other circumstantial evidences, the court below erred in misunderstanding of facts that the defendant was not guilty of the crime of larceny as of October 14, 2018 on the ground that there is insufficient evidence to prove that the defendant was a criminal. 2) The court below rejected the defendant of unjust sentencing on the ground that there is lack of evidence to prove that the defendant was a criminal of the same kind. 2) The court below denied the criminal act despite the existence of clear evidence, such as CCTV images, and did not make efforts to pay damages. In light of the fact that the defendant was not guilty of imprisonment (six months of imprisonment).
2. The lower court rejected the Defendant’s assertion of mistake of facts against the Defendant’s assertion of larceny (the part concerning larceny of August 5, 2018) on the ground that the Defendant had the same purport as the grounds for appeal of this case in the lower court, and further rejected the said assertion in detail.
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.
Therefore, the defendant's assertion of mistake is not accepted.
3. The lower court rendered a judgment on the prosecutor’s assertion of mistake of facts (the part concerning the charge of larceny (not guilty) on October 14, 2018), and rendered a not guilty verdict on this part of the facts charged, with a detailed statement of the grounds for its determination.
Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt.