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The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of sentencing) was found to have invaded upon the victim's residence at night in the same manner as written in the facts charged and stolen objects from cremation, etc., but the court below, even though the victim returned home immediately and immediately escaped, the defendant stolen two panty pantys of the victim.
The recognition was recognized.
From the police to consistently steals, the Defendant, while making a confession of the part that intruded upon residence at night, denied the fact that he stolen the clothes 2 of the victim.
There is no criminal record of the other sex offense against women, and even in the case of theft criminal record, all victims were cash, household goods, merchandise coupons, precious metals, etc.
The defendant, while escaping, has obstructed the spacker, locker, and dracker, which are intrusion equipment, and thrown away in the lower part of the waste. In the situation where the defendant escaped, there is no motive for promptly carrying the clothes in the spacker.
The punishment of the court below (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.
The lower court’s determination on the assertion of mistake on the following grounds: (a) the Defendant stolen Chapter 2 of the victim’s clothes;
The decision was determined.
The defendant intrudes upon his residence through windows, and started a physical color of the inside safety, and there was sufficient time for the defendant to steals clothes that are rapidly dried due to the inner safety height.
The statement of the victim is consistent from the first report to the police investigation.
After confirming the fact of intrusion, the victim takes out all clothes and clothes of the drieder, as soon as possible.
After checking number of articles, he/she became aware of the fact that he/she had no head of clothes in color 2.
It seems that the victim seems to have been accurately aware of the number of his clothes as a young female.
In the first place, it is unlikely that the defendant might be able to wear clothes from the outside in the interior of the body as soon as possible, and the defendant intrudes into the body and colors the victim.