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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1)-misunderstanding of facts (Seoul High Court Order 2016 3657)
1. At the time of larceny, the Defendant sought to find the principal and tried to return the principal, but there was no choice but to find the principal, and therefore there was no intention to commit larceny. The victim did not have a thief. The victim had a 10,300,000 won (50,000 won, 200,000 won, 30), 2.8 million won for a check on his own (1,00,000 won, 2.1 million won, 8 won, 7 million won for men at the market price, etc.
However, even though there are considerable differences in the damaged goods as there are only one cash 21 million won, 2 million won for self-check check (one million won and two million won for self-check), and since there are considerable differences in the damaged goods, the court below found the defendant guilty of all facts charged, and there is an error of misunderstanding the facts.
2) The lower court’s sentence (2 years of imprisonment, 300,000 won) against an unfair defendant in sentencing is too unreasonable.
B. A prosecutor (misunderstanding the facts as to the portion of the crime) stolen property, identification cards, and credit cards worth KRW 17,665,000, total amount of KRW 17,65,000 owned by the victims on 17 occasions from May 2012 to May 26, 2016, while 30 times from April 18, 2013 to June 6, 2016, the lower court acquitted the victims of property, identification cards, and credit cards worth KRW 12,965,00, total amount of KRW 12,965,00 owned by the victims on 30 occasions, but the lower court acquitted the victims of the primary charges. In so doing, the lower court erred by misapprehending the legal doctrine.
2. Determination
A. On May 5, 2016, the Defendant is guilty of the facts as to the Defendant’s assertion 1) This part of the facts charged. On May 5, 2016, 2016, the Defendant 1,03 million won (50,000 won and KRW 30,000 won) left on the floor of the Defendant’s check, 2.8 million won (one million won and KRW 200,000,000) on his/her own check (one hundred and KRW 80,000) on a man’s hand, (one log) on a man’s hand, the market price of which is equivalent to KRW 7 million (one million), 7 million on a mobile phone (one mobile phone) on a mobile phone (one hundred and KRW 34), and 450,000 won on a market price.