특수강도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts (the part of the judgment of the court below on July 9, 201, which violated the Specialized Credit Financial Business Act) was aware of the ownership relationship of debit cards that D used in purchasing clothing, etc., and purchased clothing, etc. brought E.
(2) The sentence imposed by the lower court on the Defendant (the first instance court, the second instance court, and the second instance court, one year and two months of imprisonment) is too unreasonable.
B. The sentence imposed by the second instance court on the Defendant is too uneasible and unfair.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the instant case No. 2013No23, which is the appellate case against the judgment of the court of first instance, and the instant case No. 2013No64, which is the appellate case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the offenses in the first and second judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent offenses pursuant to Article 38(1) of the Criminal Act, so the judgment of the court of first and second
The judgment of the court below is reversed ex officio as above.
Even if the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, it will be examined.
B. According to the evidence duly adopted and examined by the lower court on the Defendant’s assertion of mistake of facts, G was committed by assaulted by C, E, etc. at the Standing Elementary School. D was said to have purchased a cap, f, and E from a debit card that was located in the G and the Defendant, F, and E, while showing her mother and her mother and child, and then purchased goods with G’s card. After that, the Defendant, C, D, F, and E presented the G’s debit card at the R store located in Gwangju Plet, and 656,000 won.