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The judgment of the court below is reversed.
The punishment of the accused shall be determined by ten months of imprisonment.
A seized diver (Evidence....)
Reasons
1. Summary of grounds for appeal;
A. In fact, although the Defendant, at the time and place specified in the facts charged in the instant case, brought about 570,000 won in cash and 700 won in tobacco at the place, the Defendant found the Defendant guilty of the facts charged in the instant case, the lower court erred by misapprehending the legal doctrine, even though he did not bring about 9,530 won in cash, tobacco equivalent to 1,460,000 won in the market price, and 353,000 won in the market price, and gift certificates equivalent to 520,000 won in the market price.
B. The punishment of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the first instance court on the assertion of mistake of facts, namely, ① the victim was stolen of KRW 602,160 in cash in the first written statement prepared by the first investigative agency.
In the meantime, "the amount of theft" is not correct.
The statement "," is written as "(2)", the second written statement prepared by the injured party on the same day, which read as "tobacco 1,460,00, 353,000, 353,00, 353,00, 919,530, 520, 520, 5200, 5200, 3) the victim had stolen the initial sales amount of KRW 602,160.
The reason why the amount of damage is increased is what is the need to do.
“At first, I have known that only the book was stolen by verifying that the sale was stolen,” and then have confirmed that the amount of damage was increased due to confirmation, tobacco, visibility, cash, and oil.
In full view of the facts stated in the lower court and the first instance court, the victim was stolen KRW 602,160 in cash at the first investigative agency.
Inasmuch as the content alone lacks to reverse the credibility of the victim’s statement, and there are no special circumstances to suspect the credibility of the victim’s statement, the lower judgment convicting the Defendant of the instant facts charged is justifiable.
B. Sentencing;