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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant had not conspiredd with C and thief or had no network on the day of the instant case, the lower court found the Defendant guilty of the instant facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In the determination of the assertion of mistake of facts, a public offering does not require any legal punishment, but is only a combination of the intent of two or more persons to realize a crime through the joint processing of the two or more persons. As such, a public offering is established in cases where the combination of the two or more persons is made in order or impliedly.
In addition, strict proof is required to recognize such a conspiracy, but where the defendant denies the conspiracy, which is a subjective element of the crime, it is inevitable to prove it by the method of proving indirect facts or circumstantial facts having considerable relevance to the nature of the object, and in such a case, what constitutes indirect facts having considerable relevance should be determined by the method of reasonably determining the connection of the fact through close observation and analysis based on normal empirical rule.
(1) In light of the aforementioned legal principles, the Defendant, in full view of the following circumstances, was aware of the instant case by the evidence duly admitted and investigated by the lower court in light of the aforementioned legal principles, can sufficiently be deemed as having participated in the instant crime by means of viewing the network while living outside the apartment, in order to facilitate the larceny, with the knowledge of the fact that C intrudes into the instant apartment No. 501 and commits the larceny, in order to facilitate the larceny.
(1)