특수절도
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, due to the threat of C, committed a larceny in collusion with C, and did not commit a larceny.
Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (one year of imprisonment with labor and three years of suspended execution) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, comprehensively taking account of the following facts recognized by the court below and the evidence duly admitted and investigated, the defendant committed a larceny in collusion with investigation agency and court of the court below. ② The defendant posted a notice on the Internet car page called “D” that shares illegal acts, such as transfer of a face-to-facebook, and became aware of the fact that C and C had contacted with the defendant, ③ the place where the crime was committed, ③ the defendant colored with C, committed a larceny, committed a larceny by division of roles, ④ the defendant divided or used the stolen money, and ④ the defendant divided or used the stolen money jointly with C, the defendant can fully recognize the fact that the defendant stolen the victims’ property.
Therefore, the defendant's assertion of mistake is without merit.
B. As to the assertion on unfair sentencing, the Defendant agreed to pay the victim F, W, T, and S the amount of damage and only agreed to do so.
No defendant shall have any record of any other crime, except before a fine is imposed once due to the crime of assault, etc.
However, the crime of this case is committed in collaboration with C, and the defendant has destroyed and stolen money in the form of a paper exchange box, game room, etc. 15 times, and then the crime of this case is very bad, and the amount of damage is 330 million won.
The defendant did not agree with the victims other than the above victims.
In addition, the sentencing after the sentence of the lower judgment is rendered.