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All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts (with regard to larceny of the second judgment) the Defendant brought 1.2 million won in cash with the implied consent of the victim E living together at the time of the instant case, which was not stolen.
Nevertheless, the judgment of the second court which found guilty of larceny charges is erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment.
B. In light of the background and degree of each crime, the Defendant’s violation of the law, etc. even if the Defendant was found guilty, the punishment imposed by the lower court (the first lower court’s fine of KRW 2 million, and the second lower court’s fine of KRW 2 million) is too unreasonable.
2. As the defendant filed an appeal against the judgment of the court below, each appeal case was consolidated and tried in the trial. Since each criminal facts of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, it should be ruled at the same time and sentenced to a single sentence.
In this respect, the judgment of the court below is no longer maintained.
However, even if there are such reasons for ex officio destruction, the defendant's assertion of mistake is subject to the judgment of this court, and this is examined below.
3. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the court of first instance as to the assertion of mistake of facts, it cannot be deemed that the Defendant gave the victim’s implied consent to bring about KRW 1.2 million in cash owned by the victim E. Therefore, the lower court’s judgment that found the Defendant guilty of larceny is just and there is no error of misconception of facts.
Victim E consistently stated in an investigative agency that the defendant steals a cash of 1.2 million won, resident registration certificate, or seal imprint without the above victim's permission.
The above statements are specific and clear.