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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) The victim B, C, D, and E lost mobile phones from the Defendant of mistake of facts (not guilty part) (hereinafter “each of the instant mobile phones”).
In light of the objective evidence, such as the fact that H’s statement was considerably specific and reliable, and the existence of each cell phone seized from H and L and the cell phone unit price list held by the Defendant, the lower court erred by misapprehending the facts charged, even though the Defendant could sufficiently recognize the fact that the Defendant stolen each of the instant cell phones, but acquitted the Defendant of this part of the facts charged. 2) The sentence imposed by the lower court of unfair sentencing (one year of imprisonment) is too uneasible and unreasonable.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. From around 01:00 on November 25, 2017 to around 04:00 on the 04:00 on the same day, the Defendant: (a) approached the victim B, who was under the influence of alcohol, to take off one mobile phone unit of S8 mobile phone at the gallon city of the market price of 650,000 that is the victim’s ownership; (b) from around 22:00 on May 10, 2018 to around 07:00 on the day following the day, the Defendant stolen the Defendant’s cell phone of 1,50,000 that is the victim’s ownership.
3) At around 06:00 on May 19, 2018, the Defendant: (a) accessed the victim D, who was under influence of alcohol, from the subway of the Seoul Special Metropolitan City 2 Line; and (b) stolen the Defendant by holding one cell phone of 7 Plus cell phone at the market price of KRW 1,000,000, the victim owned. (c) around 01:00 on May 22, 2018, the Defendant accessed the victim E, who was under influence of alcohol on the road near the new forest basin located in Gwanak-gu in Seoul Special Metropolitan City, and thereby was at least KRW 1,050,00, the market price at which the Defendant owned the victim.