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All appeals filed by the Defendants and by the Prosecutor against Defendant A are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A misunderstanding the facts of Defendant A 1) did not commit any other special larceny crime except No. 13 and No. 21, a year again during the crime sight table (hereinafter “instant crime inundation table”) in Article 2 of the 2015 Highest 540, Defendant A of the lower judgment.
The lower court found the Defendant guilty on the grounds of the testimony of C without credibility.
2) The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
B. Defendant B (Cheating in Sentencing)’s punishment sentenced by the lower court (three years of imprisonment, confiscation) is too unreasonable.
(c)
According to the evidence submitted by the prosecutor (misunderstanding of the facts against Defendant A), although the fact that Defendant A sold KRW 0.8g of opon to C, as shown in the facts charged, it can be recognized that Defendant A sold KRW 80,000,000,000,000,000,000,000
2. Determination
A. Defendant B and Defendant B’s defense counsel on the Defendants’ assertion of mistake of facts stated in the court on the sole ground of the illegality of sentencing. However, Defendant B’s written appeal submitted by Defendant B contains any assertion of mistake of facts, and thus, we also examine Defendant B’s mistake of facts.
In full view of the following facts duly admitted and examined by the court below, comprehensively taking account of the evidence duly admitted and examined and the circumstances inferred therefrom, the defendants sufficiently recognized the fact that the defendants committed each special larceny in the list of crimes in this case.
① Joint Defendant C consistently states the Defendants’ respective special larceny crimes in the list of offenses of this case, and the contents of the statements are relatively detailed.
② Joint Defendant C reversed the statement made by an investigative agency that he/she has made a false statement in order to gather A, but it constitutes each special larceny as indicated in the list of crimes of this case.