Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit a crime under paragraph (1) in the original trial.
B. The lower court’s sentence of unreasonable sentencing (one year and three months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below's judgment that found the defendant guilty is just and there is no merit in the defendant's assertion since the defendant could fully recognize the fact that he was guilty of a theft of cash KRW 1.40,000,000, which was contained in the victim's outer booms, as stated in the judgment below
① The victim E stated at an investigative agency that “I am out of the external administration at the time of the instant case, and she was frighted in the bed. The Defendant was able to take a physical therapy and sit in the bedion. However, the Defendant am out of the bed of the bed of the bed of the bed of the bed of the bed of the bed at the time of the instant case. The victim E stated to the effect that “I am out of the bed of the bed of the bed of the bed of the bed and confirmed that I am out of the bed of the bed of the bed of the bed, and that I am out of cash.”
② At the investigative agency, the D Han-won nurse H also stated to the effect that “the victim was sleeped in the bed for physical treatment, but the Defendant was absent physical treatment because he did not have any reason to be in a physical treatment room. After that, the Defendant sleeped hythrh to hythly hythm and reported hystly to the Defendant. The Defendant hh hythdddddddrh to hythly hystly hyst to hyst the Defendant. The Defendant h hythdddrh to hyst the Defendant upon the completion of physical treatment. At the same time, although there was another person in the physical treatment room other than the Defendant, the Defendant was not in a situation where he was able to hyth
B. The degree of damage to the instant assertion on unreasonable sentencing is not relatively more severe.