특정범죄가중처벌등에관한법률위반(절도)등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by imprisonment for not less than three years and six months.
Defendant .
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles (see, e.g., Supreme Court Decision 2018Da581, Jan. 1, 201
A) This part of the crime against the Act on the Aggravated Punishment, etc. of Specific Crimes (related to the thief) is a single crime against B, and the defendant was not involved in B and thief or B.
After having arrived at the place where the Defendant was driving on B, the Defendant knew that B was able to larceny, and after having arrived at the place where the Defendant was committing the crime, B discovered B while moving the vehicle to a place which is not visible from the victim's house and returned to B, even if it is doubtful that B would have caused damage to the Defendant, and that the Defendant considered the network, the Defendant was able to detect B while moving the vehicle to a place which is not visible from the victim's house.
B) Even if the Defendant conspiredd to and participated in the thief crime B, the Defendant merely led to any contingent crime at the place of the crime, not due to the realization of the thiefity. 2) The Defendant did not have any intention to deceiving the victim T.
The Defendant attempted to purchase the game item as promised to the above victim 2.40,000 won, but failed to purchase the game item because it did not reach the settlement, and the Defendant ordered B to remit the money received to the above victim, thereby not returning the money to the above victim. On October 17, 2018, the Defendant returned KRW 2.50,000 to the above victim.
3) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment) is too unreasonable and unfair. (B) misunderstanding of facts and misapprehending of legal principles (related to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (related to the crime of larceny) of Article 2018 and Article 58 subparag. 2-A of the original judgment) is a single crime committed by the Defendant, and A did not solicit the theft between the Defendant and the Defendant or take part in the
A means that a criminal defendant intends to larceny after he/she arrives at the place of crime on board his/her vehicle.