특정범죄가중처벌등에관한법률위반(절도)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant
B.
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles (the point of obstruction of special performance of official duties), Defendant A was faced with the date and time, and at the place indicated in this part of the facts charged, and there was a police officer in the surrounding areas. However, the so-called so-called so-called a police officer who was unable to participate in G’s decentralization, and thus, Defendant A did not have an intention to commit a special crime of obstruction of official duties. 2) The sentence of imprisonment (two years of imprisonment) by the lower court is too unreasonable.
B. Defendant B’s imprisonment (eight months of imprisonment) is too unreasonable.
2. Judgment on Defendant A
A. Prior to the judgment on the grounds for appeal by Defendant A ex officio, prior to the judgment on the judgment on the grounds for appeal by authority, the prosecutor applied for changes in the name of the crime to “a habitual special larceny” from “a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes”, “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” and “Articles 342, 332, and 331(2) of the Criminal Act” in “Article 342, 332, and 331(2) of the Criminal Act”. Since this court permitted this and changed the same, the judgment of the court below was no longer maintained.
B. The judgment on the grounds of appeal by Defendant A is based on the following facts: (a) even if there is a reason to reverse the part of the judgment of the court below as above with respect to Defendant A ex officio, the argument of mistake of facts and misapprehension of legal principles is still subject to the judgment of the court of this court; (b) the circumstances acknowledged by the evidence duly admitted and investigated by the court below; (c) this part of the crime place is limited to the room in which G resides; (d) the police officer divided Defendant A into another room; and (e) there was only Defendant A and police officer in the room in which Defendant A was located; and (e) police officer I stated that Defendant A was partially attached with a favorable strike to Defendant A’s personal identity.