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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (the point of injury by robbery, etc.) Defendant A (the Defendant’s injury by robbery) did not have a knife a knife with the victim E, or forced a knife three-way disease as stated in this part of the crime, and only took one transportation card and 2,000 won in cash from the victim E, and the account password was identified.
Therefore, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts and misapprehension of legal principles.
B) Defendant B (accomponation of fraud) only knew of the account number to a person who has failed to obtain a loan, and did not have any awareness and intent to facilitate the fraud of the victim AA with respect to his name. Therefore, the judgment of the court below convicting the Defendant of this part of the charges is erroneous in misunderstanding of facts. (c) Defendant C (ac) was aware that the Defendant was aware that he would acquire the money of the victim, not the victim E, and the Defendant did not have the intent to obtain the money of the victim at the time of the act of injury to the said victim, and thus only the crime of injury was established. Since the Defendant attempted to obtain a loan under the name of the said victim, the act of the Defendant was only a separate
Therefore, the judgment of the court below which found the defendant guilty of the crime of robbery was erroneous in the misapprehension of legal principles.
2) The defendant A indicated to the purport that the crime of this case was committed in the state of mental disorder or mental retardation in the summary of the grounds of appeal in the grounds of appeal. The defendant A determined this part of the allegation.
C) The Defendants had weak ability to discern things or make decisions at the time of committing the instant crime. In the case of Defendant C, even though they asserted mental and physical disability at the lower court, the lower court erred by omitting judgment. 3)