All of the appeals by the prosecutor against the defendant A and the defendant B are dismissed.

1. Summary of grounds for appeal;

A. In full view of the prosecutor’s statements (misunderstanding of facts A-), co-defendants B, victims, etc., and the contents of text messages sent by the Defendant to the victim around December 4, 2014, the court below found the Defendant guilty of the charges of larceny, but found the Defendant guilty of the charges of larceny against Co-Defendant B., the court below acquitted the Defendant of the charges of this case.

B. Defendant B (1) In fact, the Defendant: (a) transferred the instant documents to the outside and copied them; and (b) received the key that was left to E; and (c) did not have any knife F’s hand, the lower court found the Defendant guilty of all the charges of this case. In so determining, the lower court erred by misapprehending the facts.

(2) The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is too unreasonable.

2. Determination

A. In light of the prosecutor’s judgment on appeal against Defendant A and the evidence duly examined by the first instance court, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in the determination on the prosecutor’s appeal against Defendant A.

Unless there exist special circumstances to view that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is significantly unfair, or in light of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the grounds that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s determination.

In particular, if the first trial decision rejecting the credibility of the witness's statement supporting the facts charged is followed, it appears that there are sufficient and satisfactory circumstances that can not be accepted in light of the presumption of innocence and the principle of the burden of criminal burden.