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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor for a period of three years and six months, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding (Defendant B) The Defendant merely called the victim AF at the time of drinking, and did not exercise his authority next to that of A, when he gets the victim AF.
Nevertheless, the lower court determined that the Defendant conspired with A to have committed robbery and injury to AF by mistake.
B. The sentence (Defendant A: Imprisonment with prison labor for 4 years / Defendant B: imprisonment with prison labor for 4 years and fine for 300,000 won) imposed by the court below on the Defendants is too unreasonable.
2. Judgment on Defendant B’s assertion of mistake of facts
A. The summary of the facts charged as to the injury by robbery against Defendant B, along with Defendant A and Z (hereinafter “Defendant, etc.”) around September 23:50, 2012, Defendant B discovered that the victim AF (the age of 17) gets on and off the OE in front of the Dong-gu, Ansan-si, Sinsan-si, the victim AF (the age of 17) stopped and stopped a light, and forced Defendant B to give guidance to the KPG station.
Defendant
The victim, etc. had the mind to give an instruction to the "LPG Gas charging Facility" located in Ansan-si, the victim was forced to take the victim's back seat on the back seat of the Stoscar vehicle in which he/she had left. The defendant B moved the victim to the "AI middle school" parking lot located in AH of the members of the Ansan-si, Ansan-si, the victim operated.
At this point, Z, AA reported the network within the above vehicle, and Defendant B neglected the power by force on the side of the victim, Defendant A was unable to resist the inside part of the victim by drinking the inside part of the victim, and Defendant A got off cash of KRW 300,000 in the victim's custody within the bank of the victim, and got off the cash of KRW 14-day treatment for about 14 days.
As a result, Defendant B conspired with Defendant A and Z to take property of the victim and inflicted an injury on the victim.
B. The lower court’s determination is based on the evidence adopted.