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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the facts charged, even though the Defendant merely stolen a swine storage containing cash at the victim F’s house, and the precious metal did not steals.
B. The sentence of unfair sentencing (two-year imprisonment) of the lower court is too heavy.
2. Determination
A. We examine the argument of mistake of facts. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the defendant, at the police station at the end of November 2013, entered the victim's house and made a theft of swine dys from the victim's house through the inner window during the beginning of December, 2013, which is similar to the time when the victim became aware of the loss of precious metals. ② At the time, the victim was released from the inner bank, and there was no other furniture, and the destroyed dys and precious metal were located within the warehouse-type store immediately located in the inner toilet, but the low dysium and precious metal were stored in the front place of the receipt at the right side, and the precious metal was stored in the middle place of the receipt, and it was hard for the defendant to see that there was no other evidence that it was a theft of the victim's house at the time of this case.