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The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. Summary of grounds for appeal;
A. The defendant of mistake of facts did not steals the cash owned by the victim by intrusion upon the victim's house.
B. Even if it is recognized that the Defendant committed the larceny of this case by misapprehending the legal doctrine as to habituality, the Defendant committed the larceny of this case, since all of the thiefs in the past committed the thief to livelihood as he did not have any special income and was unable to receive his family help, the first instance court did not consider the same as the case in this case, and there is an error of misapprehending the legal doctrine as to habituality, thereby recognizing the
C. The Defendant, at the time of committing the instant larceny, was in a state of mental and physical disability, as there were disabilities such as intellectual disability and cerebral disease, etc.
The punishment of imprisonment for the first instance of unfair sentencing (three years of imprisonment) is too unreasonable.
2. The first instance court held that the following circumstances acknowledged by the evidence duly adopted and investigated by the court of first instance: (i) the victim D was found to have been aware of the offender's appearance in the police immediately after the occurrence of the case, and (ii) the victim D was found to have been parked after the victim's clothes inside the house; (iii) the victim's face was hidden after the victim's appearance; (iv) the 40th front and rear, and the age was about 165-170 cm to the head of the buckbucks (in the investigation record, about 8th); (v) the offender's sufficient size and form taken inside the victim's house and the new floor that the defendant reported at the time of the occurrence of the case; and (v) the victim's vehicle number was also stated in the police site; and (v) the victim was also stated in the vehicle number reported by the victim; and (v) the victim was also stated in the vehicle number again.