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The judgment below
The part, excluding the rejection of an application for compensation order, shall be reversed.
Defendant 3,000,000 won.
Reasons
1. The summary of the grounds of appeal asserts that although the defendant did not bring the victim's clothes gambling, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The ex officio determination prosecutor applied for amendments to the indictment with the content that “as the market price is approximately KRW 6,030,000,000” among the facts charged at the trial of the party. Since the subject of the adjudication is changed by this court’s permission, the judgment of the court below was no longer maintained.
However, even if the above ground for ex officio destruction exists, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the changed facts charged, and this is examined in
3. Judgment on the assertion of mistake of facts
A. From April 8, 2014 to 22:30 on the same day on the same day, the revised Defendant: (a) stolen the clothing 1 boxes containing approximately KRW 6,031,000, the market price of KRW 19,000, which was loaded by the victim C in the second floor of “E” (GF fever) located in Kimhae-si, Kimhae-si; (b) around 17:30 on April 8, 2014.
B. The lower court found the Defendant guilty of the facts charged prior to the amendment, comprehensively based on the evidence as indicated in its judgment.
C. In full view of the following circumstances revealed by the evidence duly adopted and examined by the court below's judgment and the court below's judgment, it is reasonable to view that the defendant was guilty of taking one gambling room owned by the victim. Thus, the court below's judgment convicting the defendant of the facts charged of this case is justified.
Therefore, the defendant's assertion of mistake is not accepted.
① According to CCTV images recorded on the instant site, at around 19:35 on the day of the instant case, the Defendant, at the vicinity of a place where the victim’s clothes are stuffed, carrying a yellow fluor at the between the string of the instant vehicle owned by the Defendant, and at the string of the instant vehicle, a yellow fluor.