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The judgment below
All parts of the compensation order, except the compensation order, shall be reversed.
Defendant
A and C Imprisonment with labor for each of four years and six months;
Reasons
1. Summary of grounds for appeal;
A. The sentencing of Defendant A (five years of imprisonment) by the lower court is too unreasonable.
B. As to Defendant B(1) of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) of misunderstanding of Facts, Defendant B did not commit this part of the crime with respect to the crime committed on No. 18, 19, 21, 22, 23, 24, and 27 of the crime sight table (1) as indicated in the
(2) The lower court’s sentencing (one year of imprisonment) is too unreasonable.
C. Defendant C (1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), Defendant C did not participate in the crime Nos. 1, 2, and 5 annually as indicated in the judgment of the court below. 2) As to the crime Nos. 3 and 4 as indicated in the judgment of the court below, Defendant C went to the place where the crime was committed with Defendant A and B, but only suspended the crime by reporting that the above Defendants did not commit the crime.
(B) As to the conflict, Defendant C did not borrow KRW 10 million from the victim A, but rather borrowed from the victim A.
(C) As to the special robbery, Defendant C did not have any knife or threatened the victim A with a knife, nor borrowed KRW 1 million rather than forcibly taking the knife.
(2) The lower court’s sentencing (five years of imprisonment) is too unreasonable. D.
Defendant
D The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by Defendant A’s grounds for appeal on unreasonable sentencing, this paper examined ex officio prior to the judgment on the grounds for appeal by Defendant A.
Of the facts charged against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) with respect to the crime No. 19,21 and 22, the following 3-A.
As examined in detail in paragraphs (2) and (3) of this Article, Defendant A did not have the possibility that Defendant A might have occurred at any place, other than the place of crime, at the time of committing the crime, but the evidence submitted by the Prosecutor alone committed the crime above Nos. 21 and 22.