특수절도등
1. Each part of the judgment below, excluding the compensation order, shall be reversed.
2. Defendant A’s imprisonment with prison labor for 5 years and fine for negligence for 2,00.
1. Summary of grounds for appeal;
A. The punishment sentenced by Defendant A (the first instance judgment: imprisonment with prison labor for 2 years, fines of 2,00,000, and fines of 2 years and fines of 3 years and 6 months) is too unreasonable.
B. Although Defendant B did not have participated in the larceny of thief, the lower court accepted each of the charges of this case and convicted Defendant A of guilty. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. Prior to the judgment on the grounds for appeal, the judgment of the court below Nos. 1 and 2 was examined and sentenced separately, and the defendants filed an appeal against the above Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes in the judgment of the court below in the first and second instances in relation to the defendants in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be punished by concurrent crimes under Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below against the defendants cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendants' grounds for appeal, and it is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: "306,415,00 won at the market price of tobacco, etc. for 69 times over 68 times"; "303,415,000 won at the market price of tobacco, etc. over 69 times"; and "the list of crimes (2) attached to the judgment of the court below shall be changed to the list of crimes (2) attached to this judgment; and the summary of the evidence of the judgment of the court below shall be added to "1. The statement of the suspect examination prepared by the prosecutor of the defendant A as of February 8, 2013" and "1. The statement of reflect written by the defendant A as of February 8, 2013".