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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts recognized the theft of CD No. 1 per annum of the crime sight chart as indicated in the judgment of the court below, but there is no other evidence that the CD and the books indicated in the crime sight chart were stolen by the Defendant.
B. The lower court’s sentence of unreasonable sentencing (three million won by fine) is too unreasonable.
2. Determination
A. In full view of the following facts acknowledged by the lower court’s duly admitted and investigated evidence, the Defendant’s own possession of CDs and books as indicated in the crime sight table to the school library employee, and the possession of books is clearly confirmed in the case of CDs, and even in the case of CDs, it is hard to view that the Defendant was a member who renounced his benefits as a member and purchased without disclosing his membership. Unlike the Defendant’s assertion, the Defendant could acknowledge that the Defendant stolen all goods recorded in the crime sight table as indicated in the lower court’s reasoning.
① The first instance of this case was confirmed by CCTV at the south point of the Teaching Library Gangnam on April 9, 2014 by the Defendant, and the investigation was commenced as the Defendant re-Visitsed to the south point of the Teaching Library Gangnam on July 12, 2014.
② The staff members of the Gangseo-gu Library visited the Defendant’s residence in order to find out CDs and books kept in custody, with the consent of the Defendant, and at the time, the Defendant was deemed to have stolen the CDs and books.
(3) When the defendant expresses that he/she is a member of the teaching center or reading center, and purchases CDs or books, he/she will remain as data for the details of such purchase.
The defendant is confirmed to have purchased a considerable amount of books and CD as a member.
(4) In the case of books among the items entered in the crime sight chart, they shall be stamped on the books that they are sold at the Gangnam point of the school library and the opticalized point.