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The judgment of the court below is reversed.
Defendant
A Imprisonment of eight years, 10 years of imprisonment, and 15 years of imprisonment for Defendant C.
Reasons
1. Summary of grounds for appeal;
A. Error of fact 1) Defendant A, B, and B are the victim J (hereinafter “victim”) against Defendant C around May 23, 2012.
(2) Defendant C’s defense counsel at the time of the first trial on April 17, 2013 submitted the following reasons: (a) Defendant C’s defense counsel at the time of the crime as indicated in paragraph (4) of the lower judgment asserted that: (b) he was aware that the victim was in his residence and was in his residence to take money and valuables from the victim; and (c) he did not have conspired the victim to take money and valuables from the victim by force, as described in paragraph (4) of the lower judgment; and (d) Defendant C’s defense counsel at the time of the crime as indicated in paragraph (4) of the lower judgment, he did not have any intention to take money and valuables from the victim to take away his residence; (b) Defendant C did not have any intention to take money and valuables from the victim with the knowledge that the victim was in his residence at the time of the crime; (c) Defendant C did not have any intention to murder the victim by taking advantage of the gas gas gun, and did not have any danger to his life by force.
B. The sentence imposed by the court below (the defendants A: 10 years of imprisonment; 12 years of imprisonment; and 20 years of imprisonment) is too unreasonable.
2. Determination
A. As to Defendant A and B’s assertion of misunderstanding of facts, the lower court held that the witness S and C’s defense counsel at the court below’s testimony and T’s testimony are inadmissible as long as Defendant C, who is the original person, is entitled to make a statement in the court as they are the former part of Article 316(2) of the Criminal Procedure Act. As such, health class, witness S and T’s statement in the court below’s original person, the contents of which are Co-Defendant C’s statement, “the person who is not the defendant,” pursuant to Article 316(2) of the Criminal Procedure Act, is the same.