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The defendant's appeal is dismissed.
Reasons
1. Although the Defendant did not commit larceny and intrusion upon residence as stated in the facts charged in the instant case, the lower court convicted the Defendant of all the facts charged in the instant case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the fact that the Defendant committed the crime stated in the instant facts charged can be fully recognized.
① With regard to the facts constituting the crime of the lower judgment, it was found that a cigarette butts presumed to have been avoided at the scene of each crime were found that the thief was consistent with the Defendant’s DNA as a result of genetic identification of the cigarette butts.
(B) In relation to larceny on March 10, 2012, the Defendant’s oral size and the Defendant’s actual oral size are consistent with the following: (a) the offender suspected as a 112 crime report receipt and processing table in the original judgment also contains a tobacco, and enters the Defendant’s house (hereinafter “victim”).
(3) Each thief of this case shall be deemed to have stolen cash or precious metals mainly after intrusion upon a house by destroying a correction device of the entrance, and the method of such theft is the same.
④ As to the facts constituting the crime in the judgment below, the Defendant vindicateed to the police officers who received a report at the time, that he was into the house of the victimJ in order to see the defense, and it is difficult to readily understand that the Defendant, without the resident’s permission, entered the house of another person to use the toilet.
Therefore, the defendant's assertion of mistake is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.