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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 did not participate in the re-crimes No. 5-17 No. 1 of the List of Crimes, annexed to the lower judgment.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2) Each sentence (No. 1: imprisonment with prison labor for 3 years, and imprisonment for 8 months) that pronounced by the lower court’s unfair sentencing is unreasonable.
B. The above types of punishment sentenced by the Prosecutor’s judgment are too unhued and unjust.
2. Determination
A. Before determining the grounds for appeal by the defendant and the prosecutor, the defendant and the prosecutor filed an appeal against the whole of the judgment below, and the trial court decided to hold concurrent hearings by combining each of the above appeal cases. As long as the facts constituting the above judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a single sentence should be sentenced, and thus, the judgment of the court below cannot be maintained as it is.
However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mistake as to the facts of the judgment of the court of first instance is still subject to the judgment of the court of this Court.
B. In full view of the following circumstances, which can be recognized by the lower court based on the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant is sufficiently admitted that he/she participated in the re-crimes 5 to 17 years annually, in addition to the crimes committed in collusion with F, etc.
Therefore, the court below's conviction of this part of the facts charged is just and acceptable, and there is an error of law by misunderstanding facts in the judgment of the court of first instance and affecting the conclusion of the judgment.
subsection (b) of this section.
This part of the defendant's assertion is without merit.
1) When F provides a passbook to the public, the Defendant would give F a 30% amount of profit with fee to F.