All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1 did not steals KRW 70,00 in cash at the victim O’s house on May 6, 2019, and the market price is unknown, only two years in which the market price is unknown, one food milk, and one tobacco to be stored, with the consent of the victim. 2) The lower court’s sentence on unreasonable sentencing is too unreasonable.

B. Prosecutor 1) In full view of the fact-finding records and victim’s accusation prepared immediately after the crime of larceny among the facts charged in the instant case, it can be sufficiently recognized that the Defendant committed the same crime as stated in this part of the facts charged.

B) According to the facts charged in the instant case, each police protocol against victims of special injury and witnesses C, and the prosecutor’s interrogation protocol against the Defendant, etc., it can be sufficiently recognized that the Defendant committed the same crime as the indicated in this part of the facts charged. 2) The sentence of unfair sentencing is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant may fully recognize the Defendant’s theft of KRW 70,000 in cash at the victim’s house, two years in which the market price cannot be known, one food milk, and one set of tobacco to be stored, as indicated in the lower judgment.

The defendant's assertion of mistake is without merit.

① Although the victim did not directly witness the Defendant’s theft, the victim consistently makes a statement to the effect that he or she had no cash and articles to be reported due to the absence of cash and articles after entering the seat of the victim, and the content of the 112 Report Handling Report recorded following the instant case also supports the above statement.

② The Defendant, in the prosecutorial investigation, committed a theft of articles other than cash, and the lower court.