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The judgment below
Part of conviction and each larceny shall be reversed.
The sentence of the defendant shall be pronounced.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor, the defendant had an intention to acquire illegal profits from the cell phones, etc. owned by the victim and the black booms, according to the misunderstanding of facts and misapprehension of the legal principles (each theft and damage to property)
It shall be fully recognized.
In addition, the intention of the damage cannot be denied when considering the circumstances where the connection of the black stuff was damaged in the course of theft by force against the victim's will.
B. The lower court’s sentence that is unfair in sentencing is too unhued and unreasonable.
2. Summary of the facts charged
A. On February 23, 2017, the Defendant: (a) committed a theft of a mobile phone using a mobile phone case consisting of a mobile phone, credit card No. 1, physical card No. 1, and cash No. 20,000 (hereinafter “personal phone No. 20, etc.”) in the G special class class class of the Daejeon Daejeon-gu F and the victim E (34 ).
B. On the same day, the Defendant: (a) removed and destroyed a black box equivalent to approximately KRW 170,000 in the market price owned by the victim within the victim’s vehicle parked in the above school parking lot around 08:10 on the same day; and (b) destroyed and damaged the connection section of the above black box.
(c)
On February 25, 2017, around 15:40, the Defendant asked the victim to prepare a document recognizing the existence of the victim’s in Dong-gu C and 2 B, Daejeon, Daejeon, the Defendant used the victim’s head at one time on the ground that the Defendant refused the request.
3. The judgment of the court below is insufficient to recognize the fact that the defendant stealss cell phoness and black boxes as stated in the facts charged with the intention of unlawful acquisition with the sole evidence submitted by the prosecutor, or intentionally removes and destroys black boxes.
In light of the fact that each theft and damage were found not guilty.
(1) The Defendant consistently carries out mobile phone calls, text records, and black images.