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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower judgment (one year of imprisonment) is too unreasonable.
B. According to the evidence submitted by the prosecutor, such as the prosecutor’s detailed statement of the victim and the report on occurrence immediately after the damage immediately before the police, etc., the court below found the Defendant not guilty of this part of the facts charged, despite the absence of credibility in the defense of the Defendant, on May 17, 2015.
In addition, the sentence of the judgment of the court below is too unfortunate and unfair.
2. The lower court’s determination on the prosecutor’s assertion of mistake of the facts reveals that, although the Defendant’s statement is not consistent and there is doubt that the Defendant was not a theft of a smartphone, even if based on the victim’s statement, the Defendant’s confirmation at the restaurant was made after leaving the restaurant, and thus, the Defendant’s attempt to steals it was the victim’s inferred, and how to dispose of the said smartphone because the Defendant did not have the above smartphone, cannot be known at all. In light of the above, the evidence submitted by the prosecutor alone proves that this part of the facts charged was proven to the extent that there is no reasonable doubt.
It is difficult to see
Based on the judgment of the court, the facts charged were acquitted.
In light of the records, the judgment of the court below that found the defendant not guilty of this part of the facts charged is sufficiently acceptable, and the prosecutor's assertion of mistake against this is without merit.
3. We examine the judgment on the unfair argument of sentencing by the defendant and prosecutor, the fact that the defendant has a large number of criminal records of the same kind, the fact that the defendant repeats the crime during the period of repeated crime, the fact that the victim committed the crime repeatedly, and the fact that the victims did not agree with the victims is the reason
On the other hand, however,