Defendant

All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.

Summary of Reasons for appeal

A. The punishment sentenced by the lower court to Defendant A (four years of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1) erroneous facts (as to the acquittal part of the judgment below's reasoning), the court below acquitted Defendant B of this part of the charges, although it could sufficiently be recognized that Defendant B had an intentional acquisition of stolen goods. The court below erred in the misapprehension of facts.

2) The punishment sentenced by the lower court to Defendant B (an amount of four million won) is too unhued and unfair.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts, in a criminal trial, the finding of guilt ought to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). In light of the circumstances stated in its reasoning, the lower court, based on the evidence submitted by the prosecutor, proven that the Defendant B purchased precious metal from the Defendant A and recognized that the precious metal was a stolen article, to the extent that there is no reasonable doubt that the evidence submitted by the prosecutor was insufficient.

This part of the charges was acquitted on the ground that there is insufficient evidence to regard it, and there is no other evidence to acknowledge it.

Examining the above judgment of the court below in light of the legal principles as seen earlier, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the prosecutor.

subsection (b) of this section.

Therefore, this part of the prosecutor's argument cannot be accepted.

B. As to the unjust assertion of sentencing by Defendant A and the prosecutor, Defendant A invadedd another person’s residence at night or during a week on three occasions and stolen precious metals, etc.