The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal by the defendant;

A. The Defendant, in combination with a co-defendant A (hereinafter “A”), has never stolen a mobile phone owned by the victim F in the lower judgment (hereinafter “A”).

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding guilty of the charges of special larceny of this case on the grounds of K’s statement without credibility.

B. In light of the fact that the criminal defendant was partially wrong and that the damage of special larceny was fully recovered, the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

2. Determination

A. In order to reverse the judgment of the court below that recognized the credibility of K’s statement, which is a evidence supporting the facts charged of the special larceny of this case, the judgment of the court below as to the assertion of facts should be the case where there are sufficient and sufficient circumstances to accept the judgment of the court below, and even considering the circumstances required in the assertion of the grounds for appeal, it is not deemed as a circumstance to the extent that the judgment of the court below is not acceptable, such as where most of them were pointed out in the process of the court below’s deliberation and it appears to be the case considered in the process

This is more so in light of the following circumstances, which can be recognized by the court below by integrating the evidence duly adopted and investigated by the court below.

(1) K having observed the situation at the site is consistently appearing in detail and on the process of witnessing the object to be stolen from the police to the court of original trial and the process of witnessing the theft of mobile phones in the surface of the water of the defendant and A, and the circumstances of classifying the defendant and A as the offender.

(2) K is reliable at the police station (the act that the defendant and A steals mobile phones of victim F).

그들이 남들처럼 찜질 방 옷을 입고 있었으면 지목을 못하였을 텐데, 걔네들은 팬티만 입고 있었기 때문에...