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1. The part of the judgment of the court below against Defendant A is reversed.
2. Defendant A shall be punished by imprisonment with prison labor for not less than two years and six months;
3. Provided, That this shall not apply;
Reasons
1. Summary of grounds for appeal;
A. On October 25, 2016, Defendant B, C, and D’s defense counsel asserted that “the Defendant is only in the position of the principal offender in the crime No. 2 of the judgment.”
However, the above assertion is not a legitimate ground for appeal since it was not timely due to the lapse of the period for appeal. ② In full view of the following circumstances that can be recognized by the prosecutor’s evidence, namely, the Defendant gathered the special robbery with B and C in advance and waiting to report the network within a passenger car at the time of committing the crime, and the Defendant transported the victim W, etc. to a passenger car in accordance with the plan for the crime of hostage robbery and assaulted the victim X, it can be sufficiently recognized that the Defendant committed functional control by gathering each of the above crimes with B and C and sharing the act at the scene of the crime at the scene.
Therefore, the defense counsel's above assertion has no reason to view it as a mother.
Each punishment sentenced by the court below to the defendants ( ① 6 years of imprisonment with prison labor for the crimes set forth in the holding 1 through 4, and 6 months of imprisonment with prison labor for the crimes set forth in the holding, ② 4 years of imprisonment with prison labor for the defendant C, ③ 2 years of imprisonment with prison labor for the crimes set forth in the holding, 6 months of imprisonment with prison labor for the crime set forth in the holding, and 6 months of imprisonment with prison labor for the crime set forth in
B. Defendant A (1) or misunderstanding of the legal principles (a special robbery and robbery against the victim J) did not take part in the crime of special robbery and hostage robbery against the victim J.
The Defendant expressed his intention not to participate in the crime of special robbery with B, etc., and stayed in a vehicle parked near the scene of the crime, but did not expect B, etc. to commit robbery, and did not share any role in each crime.
The defendant recognizes the fact that he/she participated in a special robbery against L.
2) As to the unjust defendant in sentencing.