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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment imposed by the lower court (a fine of three million won) on Defendant A (unfair punishment) is too unreasonable.
B. According to the evidence submitted by the prosecutor 1) The court below found the Defendants guilty of joint larceny against the Defendants among the facts charged in the instant case, although the Defendants could jointly commit a theft of the victim’s cash, it erred in the judgment of the court below that affected the conclusion of the judgment by misunderstanding the facts in the acquittal portion. 2) The above punishment sentenced by the court below to Defendant A is too uneasible and unfair.
2. Determination
A. In a criminal trial of a public prosecutor’s assertion of mistake of facts, the finding of guilt shall be based on evidence with probative value, which makes it possible for a judge to have a conviction of the facts charged to the extent that there is no reasonable doubt. Unless such proof is given, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.
In addition, in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as witness examination, etc., in view of the fact that the criminal appellate court has the nature as a post-examination even though it is still a part of the trial and the spirit of substantial direct examination as prescribed in the Criminal Procedure Act, it may be probable or doubtful as to the facts partially opposed
Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, such circumstance alone alone does not readily conclude that there was an error of mistake in the determination of facts in the first instance court that lack of proof of a crime (see, e.g., Supreme Court Decision 2015Do8610, Apr. 15, 2016). The lower court submitted by the prosecutor for reasons indicated in its reasoning.