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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Even if a public prosecutor 1) misjudgments facts and misapprehension of legal principles, P and Q ordered D and E to commit a theft, the Defendant was involved in the act of aiding and abetting P and Q prior to the commission of the crime, and classified the place of theft, provided the stolen goods, delivered the stolen goods, and shared the Defendant’s intent for joint processing, such as ordering the Defendant to dispose of the stolen goods, etc., and the Defendant could be deemed to have conspired with P and Q to commit a larceny, but the lower court acquitted the Defendant of each special larceny teacher, in so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s imprisonment (10 months) with respect to the Defendant on the unfair sentencing sentencing of the Defendant is unreasonable.
B. The lower court’s punishment against the Defendant is too unreasonable.
2. Determination
A. On September 1, 2013, the Prosecutor’s misunderstanding of facts and misapprehension of the legal principles regarding the instant charges 1), the Defendant, along with P and Q, stated that “the Defendant would be aware of the gold banks” to receive money lent to D and E from the next place in the end of August 2013, 2013, and led the Defendant to commit the theft of precious metals in D and E.
Therefore, the Defendant operated a vehicle with Q, D, and E on September 1, 2013, colored the G gold bank operated by the victim C located in the Si of Kunsan City, and caused D and E to have the above gold door door door door door door door door door door door door door door door door door door door door door door door door door door, damaged into such door door door door door door door door door door door door door door door door door door door door door door door, and had the victim's market price in the display place total amount of KRW 50,00,000.
Accordingly, in collusion with P, Q, the Defendant: (a) conspired with D or E to damage part of the money owned by the victim C at night; and (b) instigated the theft of property.
B. On September 7, 2013, the Defendant, along with P and Q, committed the crime, around September 6, 2013.