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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
Defendant of the Prosecutor.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) In relation to the mistake of facts and misapprehension of legal principles, the Defendant did not steals the victim’s hand room. The lower court erred by misapprehending the facts contrary to the rules of evidence and by misapprehending the legal doctrine on the probative value of evidence. 2) The sentence sentenced by the lower court of unfair sentencing (one year and four months of imprisonment) is too unreasonable.
B. The sentence imposed by the court below on the Defendants (Defendant B: one year of imprisonment and two years of suspended execution) is too unfasible and unfair.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to Defendant A’s assertion of mistake of facts and misapprehension of legal principles, the Defendant’s assertion is without merit.
1 According to the following facts, the victim is sufficiently recognized that he/she has placed his/her hand on a taxi operated by the defendant.
(1) At the time the victim gets on a taxi operated by the defendant, he / she has affixed a test color hand to the CCTV image of a L hotel.
② On July 18, 2018, the instant taxi arrived at the P Middle School Ma located in PJ on the 05:13 p.m., and the Defendant opened the back door of the taxi directly, opened the back door of the taxi so that the victim can get out of his body by drinking, and started to operate the taxi again at around 05:15, after he gets out of the Republic of Korea.
③ The head of the victim sleeps a sleep in the direction of delivery, one bridge, and the other sleeps in the shape of the boundary. One slick slicks down the victim's side and slicked, and the driver who was driving on a car was reported by the driver 112 and was not approaching another person until the police car called out arrives.
The police officer who called out does not use the victim's house.