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The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal (the factual error) was that the defendant entered the victim's residence together with C at the time of the instant case, but it was believed that he entered the village or house, and the defendant believed C's horse that he entered the house, and the defendant was not aware of C's plan for the larceny of this case, and did not have taken part in the larceny of this case. However, the first instance court which found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and thereby affected the conclusion of the judgment.
2. Determination:
A. Before the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by the court, the prosecutor applied for changes in the name of the defendant to "Habitual larceny" in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," while the defendant applied for changes in the name of the crime to "Habitual Larceny" in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes." However, in light of the criminal facts and the amended applicable provisions of Acts, this is deemed to be a clerical error in the "Habitual Special Larceny" and thus, it is immediately correct as above." As stated in the "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and Article 331 of the Criminal Act, the applicable provisions of Acts were changed to "Articles 332 and
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.
B. The first instance trial on the Defendant’s assertion of mistake of facts was conducted in the form of a participatory trial, the jury participated together in the entire process of fact-finding, and convicted the Defendant of the charges by unanimous opinion of the unanimous opinion. The first instance court also adopted the jury’s verdict as it is and considered the evidence.