beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence duly adopted and investigated by the court below, it can be sufficiently recognized that the defendant stolen the bank owned by the victim, and even if not, the defendant brought the bank owned by the victim and brought the bank to the victim. Thus, the court below acquitted all of the facts charged in this part of the facts charged (the larceny and the preliminary possession embezzlement), which is erroneous in the misunderstanding of facts.
B. The sentence of the lower judgment on the grounds of unreasonable sentencing (defendants) is too unreasonable.
2. Determination
A. In full view of the evidence duly examined and adopted by the court below as to the assertion of mistake of facts, the defendant was found to have 2:28 on the same day immediately after the assault of the victim, such as the first crime, at the time of the original trial, and the defendant was in walking along the Busan Station. Accordingly, the defendant was found to have left the bank to return the victim's bags while the victim was assaulted by the defendant, and the defendant was able to escape from the defendant while leaving the bank to return the victim's bags. In addition, the defendant was found to have left the bank to the original location because he was unable to resist the victim, and did not bring the bank.
According to the records, the defendant was arrested at around 00:40 on the day following the first crime at the time of original adjudication. At the time of arrest, the defendant was not in possession of KRW 50,000 in cash, KRW 550,000 in a bank owned by the victim or bank, three passbooks, and resident registration certificates, etc. The defendant was not in possession of the victim. In light of the fact that there was no discovery at all of the things owned by the victim that the defendant was in a bank and bank, when two hours have elapsed since the defendant sawd the victim's bank as the above facts acknowledged, the defendant was arrested.