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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendant (1) misunderstanding of facts was committed on September 18, 2012, around 23:16, at his own dwelling space C and 302, Gangseo-gu Seoul Metropolitan Government, and there was no intrusion on the beas referred to in 301, next house in order to steals property, as indicated in the instant facts charged.
Nevertheless, the court below found the defendant guilty of the facts charged in this case against the defendant who made a reliable statement that cannot be trusted by the victim D. Thus, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
(2) The sentence imposed by the lower court on the Defendant (five months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. According to the various evidences duly adopted and examined by the court below as to the defendant's assertion of mistake of facts (in particular, the victim D's investigation agency and the court below's statement), the defendant attempted to steal property after confirming that there is no person falling under the above 301, and having taken a crypted with the 301 Vietnam through the 301 Vietnama window, but it can be found that the victim returned home and had a relation to an attempted crime. Thus, the defendant is fully convicted of the charges of this case against the defendant.
In the same purport, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and it is not recognized that there is an error of mistake of facts as alleged by the defendant and his defense counsel, so this part of the defendant's assertion is without merit.
B. Although the defendant's judgment on the assertion of unfair sentencing by the defendant and prosecutor is a repeated offender, he/she committed the crime of this case in the same kind without being able to do so, and even though he/she did not properly repent his/her mistake, from the investigative agency to this court.