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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant: (a) visited the instant vinyl at the time of the instant case, intended to purchase the said vinyl; (b) talked about the situation of the wife of the victim who had been in the vinyl because he had no wall at the time; and (c) took four weddings on credit with the consent of the victim’s wife; (d) paid the victim’s wife of the instant vinyl value on the day of the instant event.
Therefore, the Defendant did not steals 4 gamblings on credit, even if he purchased 4 gamblings on credit.
B. When comprehensively considering all circumstances, such as the fact that the defendant agreed with the victim of unfair sentencing, the amount of damage is merely 40,000 won, the defendant is aged and is a person of distinguished service to the State, the punishment imposed by the court below is too unreasonable.
2. Determination:
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it shall be deemed that the defendant committed a theft with four gamblings as stated in the judgment of the court below, which are owned by the victim. Therefore, the defendant's assertion of mistake of facts is groundless
① From the police investigation to the court below consistently, the victim himself was in his own separate workplace and was engaged in work at other locations. However, since 4 gamblings, who completed work and prepared to ship out, and the CCTV was found to have been reported to the police by the defendant, and the victim's statement is confirmed to have her her her son and her son and reported it to the police. In light of the fact that the victim's statement is specific and consistent and the her son's son's son's son's son's son's son's son's son
② At the time of committing the instant crime, the wife of the victim and the wife of the victim are recognized as having been in the farm. If the Defendant, as alleged by the Defendant, obtained consent from the wife of the victim.