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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the crime of larceny by mistake of facts in this case, the Defendant was aware that there was a person when she turned on a ward and inside and outside of the ward at the time, and attempted to deliver an article with the knowledge that there was a person, and thus, it constitutes a simple larceny without a night intrusion.
B. The sentence of unfair sentencing (the first crime: imprisonment of 8 months, and the second crime of ruling: imprisonment of 2 months) by the court below is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant also asserted the same purport in the lower court, but the lower court found the Defendant guilty of the charge of larceny at night, taking account of the evidence duly admitted and investigated, and rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part “Judgment on the Defendant and his defense counsel’s assertion”.
Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of the charge of larceny at night is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.
B. Regarding the assertion of unfair sentencing, there are extenuating circumstances such as the Defendant’s crime of larceny in this case: (a) the Defendant’s crime of larceny in this case is entirely acknowledged as a part of the crime of larceny in this case; (b) the Defendant’s mistake is against himself; (c) the equity with the case where the judgment was rendered simultaneously with the crime of larceny in this case; and (d) the agreement with the victim D as to the crime of larceny in this case; (b) on the other hand, in the case of the crime of larceny in this case, the crime of larceny in this case intrudes upon residence through Vietnam and window; (c) the nature of the crime is bad; (d) the Defendant was two times thiefs in the case of the crime of larceny in night residence; and (e) even during the period of repeated offense due to the larceny; and (e)